In comparison to a “no fault” absenteeism policy, “excuse-based” systems look for an employee to provide a legitimate reason each time that an unauthorized absence occurs.15
This company’s policy states that three incidents without a proper and legally protected reason will result in a first warning, five incidents will result in a final written warning, and six incidents will result in discharge.
Employee Name: Anna Palmesano |
Department: Engineering |
Date Presented: May 18, 2017 |
Supervisor: Vincent Scungili |
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:Unauthorized absence
Policy/Procedure Violation
Performance Transgression
Behavior/Conduct Infraction
Absenteeism/Tardiness
Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.
Anna,
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.
Yesterday morning at 7:30, you called me to tell me that you would not be able to work. I asked you why that was the case, and you told me that you were obligated to attend a family-related function. If that was indeed the case, you could have advised me in advance of the time you needed away from work.
On April 2, you also failed to report to work without prior notice. When I called you at home at 9:00, you said you were feeling sick and had overslept. I had previously reminded you and other department members that, pursuant to our sick leave policy, if you were ill, you still had the responsibility to contact the company receptionist by 7:00 A.M. (or as soon thereafter as reasonably practicable) so that a temporary worker could be engaged while you were out. Because you had not contacted the company, a half day’s productivity was lost as we awaited the temp’s arrival.
On February 15, you failed to report to work without notice. I asked you why you were out when you returned to work. You told me that you had no reason but that it wouldn’t happen again. I didn’t pursue the issue, since this was your first incident of unscheduled absence, and I believed you when you assured me that there would be no further incidents.
Consequently, you have now incurred three incidents of unauthorized absence (meaning an absence not protected by law or not approved by your supervisor) this year. Furthermore, your reasons are not legitimate pursuant to our policy. Your absences are therefore unexcused and unauthorized. Three unexcused absences in a calendar year violate our company’s standards of performance and conduct.
1. Measurable/Tangible Improvement Goals: Anna, 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. Remember as well that you are obligated to (a) provide a legitimate reason whenever you are absent in accordance with our policies and (b) provide the company with advance notice if reasonably possible. Finally, it is company policy that time off for doctors’ appointments (absent emergencies) and other personal reasons should be scheduled and approved with one week’s advance notice. Same-day notification is not acceptable. Therefore, please provide me with one week’s advance notice any time you have a planned medical visit.
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.)
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: According to company policy, a fifth incident of unauthorized absence (meaning an absence not protected by law or not approved by your supervisor) this year will place you on written notice that you are in violation of our company’s absenteeism control policy. A sixth incident may result in immediate dismissal. A copy of this document will be placed in your personnel file.
Scheduled Review Date: None
14 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.
15 Check with qualified legal counsel before implementing this type of policy. State and/or local law may prohibit employers from inquiring into reasons for absences relating to an employee’s use of sick leave.
3.144.100.237