#79 Pattern of Excessive, Unscheduled Absence9
Employee “patterns” his time off in that he takes additional unscheduled time off once former incidents have fallen off the rolling calendar year.10 In this case, the company has a policy that states that five incidents of unscheduled and unauthorized absence in the rolling calendar year equals a verbal warning, seven incidents equals a written warning, and nine incidents equal a final written warning. It is therefore possible for employees to incur multiple verbal warnings without progressing to the written warning level, since old incidents of unscheduled and unauthorized absence fall off the rolling calendar as new incidents occur.
PERFORMANCE CORRECTION NOTICE
Employee Name: Todd Luchow |
Department: Sales |
Date Presented: February 17, 2017 |
Supervisor: Cheryl Marinero |
DISCIPLINARY LEVEL
Verbal Correction—(To memorialize the conversation.)
Written Warning—(State nature of offense, method of correction, and action to be taken if offense is repeated.)
Investigatory Leave—(Include length of time and nature of review.)
Final Written Warning
Without decision-making leave
With decision-making leave (Attach memo of instructions.)
With unpaid suspension
SUBJECT: Verbal warning: excessive, unscheduled absence; written warning: pattern of unauthorized absence
Policy/Procedure Violation
Performance Transgression
Behavior/Conduct Infraction
Absenteeism/Tardiness
PRIOR NOTIFICATIONS
Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.
Todd,
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.
Issue 1: Verbal Warning for Unscheduled Absence
You have again incurred five incidents of unscheduled and unauthorized absence (meaning an absence not protected by law or approved by your supervisor) in this rolling calendar year. The dates are:
Monday, July 11, 2016
Monday, September 19, 2016
Tuesday, October 25, 2016 (verbal warning for five incidents)11
Monday, November 28, 2016 (verbal warning for five incidents)12
February 16, 2017 (yesterday)
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 and unauthorized absence in the rolling calendar year constitute failure to meet company standards of performance and conduct (policy 2.14).
Issue 2: Written Warning for “Pattern” of Unscheduled and Unauthorized Absence
Our company defines a “pattern” as a frequent, predictable, and observable employee action, which is not authorized and repeats itself over time. You have demonstrated a pattern of taking unauthorized time off once previous warnings have fallen off the rolling calendar year.
On October 25, 2016 and November 28, 2016, you received verbal warnings for incurring five incidents of unscheduled and unauthorized absence. One incident fell off the rolling calendar, and you took another unscheduled and unauthorized day off. On February 16, 2017, you received a verbal warning for incurring five incidents of unscheduled and unauthorized absence. One incident fell off the rolling calendar, and you took another unscheduled and unauthorized day off. You have now received three verbal warnings in a four-month period for taking time off once previous incidents fell off the rolling calendar year, thereby violating our company’s absenteeism policy (2.14).13
Furthermore, four of the five incidents occurred on a Monday or a Friday. You have therefore also demonstrated a pattern of taking unauthorized time off around your regularly scheduled weekends.
Your repeated abuse of the company’s sick leave policy indicates that you may not have taken your formal warnings as seriously as you should have.
PERFORMANCE IMPROVEMENT PLAN
1. Measurable/Tangible Improvement Goals: Todd, 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 absence:
(a) By taking unauthorized time off (meaning time off not protected by law or approved by your supervisor) 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:
(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 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 days off either before or after weekends or if you take unauthorized sick time when days have fallen off the rolling calendar year—you will be subject to further disciplinary action up to and including dismissal.
Human Resources will be notified of every additional occurrence of absenteeism from this point forward in order to provide you with additional counseling and support. It is your responsibility to bring to my or Human Resources’ attention any areas or issues that you need assistance with to meet these performance goals.
You are now formally notified that any further occurrences of sick leave must be substantiated by a doctor’s note pursuant to our sick leave policy. The doctor’s note will be necessary to return to work. A copy of this document will be placed in your personnel file.
Scheduled Review Date: None
EMPLOYEE COMMENTS AND/OR REBUTTAL
EMPLOYEE ACKNOWLEDGMENT GOES HERE
9 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. In addition, note that “patterns” may not be established just because someone takes off once former incidents have fallen off the rolling calendar year, 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).
10 A rolling calendar year goes from today’s date back one year. For example, the date of this write-up is February 17, 2017. The rolling calendar year goes back one year from this date (to February 18, 2016).
11 Notice that on November 28, 2016, the first warning listed, November 20, 2015, has fallen off the rolling calendar year.
12 Notice that now, on February 16, 2017, a second warning dated February 17, 2016, has fallen off the rolling calendar year. In other words, the employee keeps accruing new incidents of unscheduled absence, but former incidents are negated because they “fall off” the rolling calendar year. Now’s the time to put a stop to this pattern of “playing the system.”
13 When employees take more than 50 percent of their time off around weekends or holidays, then a pattern may be established. In this case, three of the five occurrences of unauthorized absence occurred on a Monday. Bear in mind, though, that this is a company rule that you establish, not a law or specific definition.