#78 Pattern of Excessive, Unscheduled Absence7

Employee “patterns” her time off around her weekends (i.e., she consistently takes Fridays and Mondays off).

PERFORMANCE CORRECTION NOTICE

Employee Name: Kathryn Schulteis

Department: Client Relations

Date Presented: August 27, 2017

Supervisor: Cheryl Yamamoto

 

DISCIPLINARY LEVEL

imageVerbal Correction—(To memorialize the conversation.)

imageWritten Warning—(State nature of offense, method of correction, and action to be taken if offense is repeated.)

imageInvestigatory Leave—(Include length of time and nature of review.)

imageFinal Written Warning

imageWithout decision-making leave

imageWith decision-making leave (Attach memo of instructions.)

imageWith unpaid suspension

 

SUBJECT:Verbal warning: excessive, unscheduled absence written warning: pattern of unauthorized absence8

imagePolicy/Procedure Violation

imagePerformance Transgression

imageBehavior/Conduct Infraction

imageAbsenteeism/Tardiness

 

PRIOR NOTIFICATIONS

image

Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.

Kathryn,

Maintenance of good attendance is a condition of employment. In order to minimize hardships that may result from illness or injury, our company provides paid sick time benefits to employees for use when their own or a family member’s illness or injury prevents them from working. However, periodic sick leave taken on a repeated basis may be viewed as abuse of the system. It is your responsibility to establish legitimate illness or injury in order to receive sick leave pay pursuant to our sick leave policy.

1. Unauthorized Absence

You have incurred five incidents of unscheduled and unauthorized absence (meaning time off not protected by law or approved by your supervisor) in this rolling calendar year. The dates are:

Friday, August 26, 2016

Friday, September 23, 2016

Tuesday, October 25, 2016

Friday, November 18, 2016

Friday, February 17, 2017

This number of incidents has interfered with the work flow in our unit and could cause our department to incur unscheduled overtime because others have had to carry the extra work load. Five incidents of unscheduled absence in the rolling calendar year constitute failure to meet company standards of performance and conduct (policy 2.14).

2. “Pattern” of Unauthorized Absence

In addition, you have demonstrated a pattern of taking time off around your regularly scheduled weekends:

Saturday, August 27, 2016, was your regularly scheduled weekend; you took Friday, August 26, 2016, as an unscheduled, unauthorized day off (meaning time off not protected by law or approved by your supervisor).

Saturday, September 24, 2016, was your regularly scheduled weekend; you took Friday, September 23, 2016, as an unscheduled, unauthorized day off.

Saturday, November 19, 2016, was your regularly scheduled weekend; you took Friday, November 18, 2016, as an unscheduled, unauthorized day off.

Our company defines a pattern as a frequent, predictable, and observable employee action that repeats itself over time. Three of your five unauthorized days off were taken around your regularly scheduled weekend, thereby violating our company’s absenteeism policy (2.14).

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: Kathryn, I expect you to immediately improve your attendance to meet company minimum standards.

2. Training or Special Direction to Be Provided: A copy of our attendance policy is attached. Please read the policy thoroughly today and meet with me tomorrow morning if you have any questions about the rules.

In addition, understand that there are three ways to incur a pattern of unscheduled and unauthorized absence:

(a) By taking unauthorized time off around your regularly scheduled weekends or holidays

(b) By taking unauthorized time off once former incidents of unauthorized absence have fallen off the rolling calendar year

(c) By consistently taking unauthorized time off for the maximum number of days per incident without requiring a doctor’s note (in our company’s case, after three days)

3. Interim Performance Evaluation Necessary? No

4. Our Employee Assistance Program (EAP) provider, Prime Behavioral Health Group, can be confidentially reached to assist you at (800) 555-5555. This is strictly voluntary. A booklet regarding the EAP’s services is available from Human Resources.

5. In addition, I recognize that you may have certain ideas to improve your performance. Therefore, I encourage you to provide your own Personal Improvement Plan Input and Suggestions:

image

(Attach additional sheets if needed.)

 

OUTCOMES AND CONSEQUENCES

Positive: I will remain available to help you and discuss areas where you require additional support. If you meet your performance goals, no further disciplinary action will be taken regarding this issue. In addition, you will develop a sense of accomplishment in helping our department meet its production goals while minimizing staff rescheduling and last-minute overtime costs.

Negative:
Issue 1: You are now being placed on notice that, according to company policy, if you reach seven incidents of unauthorized absence (meaning an absence not protected by law or approved by your supervisor) in the rolling calendar year, you will be given a written warning. A ninth incident of unauthorized absence in the rolling calendar year will lead to a final written warning.

As per policy 2.14 on attendance, when an employee is in final written warning status for absenteeism, any unauthorized occurrence of absenteeism or tardiness in the rolling calendar year will result in immediate dismissal. Furthermore, an employee in final written warning status will be ineligible for promotion or transfer. The employee will be ineligible to receive any approved time off except previously scheduled holidays, bereavement, or any time off required by law.

Issue 2: Furthermore, if any other patterns appear in the next year in terms of how you take your time off—i.e., if you take unauthorized time off either before or after weekends or if you take unauthorized sick time when days have fallen off the rolling calendar year—you may be subject to disciplinary action up to and including dismissal. A copy of this document will be placed in your personnel file.

Scheduled Review Date: None

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

image

 

EMPLOYEE ACKNOWLEDGMENT GOES HERE

 

 

 

7 The law is rapidly changing in this area, and many states and cities are enacting paid sick leave laws protecting employees who need time off from work to care for themselves or a family member or for other protected reasons. Accordingly, it is critical that you check with qualified legal counsel to ensure that your attendance policy is compliant with these laws and certainly before you discipline or terminate any employee for excessive absenteeism or tardiness.

8 Because establishing a pattern takes time, it is common to start the disciplinary process at the written level rather than the verbal level. Note, however, that “patterns” may not be established just because someone takes off on the Friday before or the Monday after a holiday, provided the employee uses paid sick time pursuant to one of the paid sick leave laws recognized by certain states or cities. In other words, it may not be permissible to discipline an employee for “patterning” if the days in question are considered paid sick leave days (as addressed in the introduction to this section).

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