This is the second in a series of three write-ups. Note the FMLA notice, Consequences language, and Personal Commitment agreement in which the employee acknowledges that his job is in jeopardy of being lost.
Employee Name: Tom Dalton |
Department: Marketing |
Date Presented: October 21, 2017 |
Supervisor: Jim McDonnell |
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:Excessive, unscheduled 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.
Tom,
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.
You have incurred seven 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:
October 20, 2017 |
8.0 hours |
October 16, 2017 |
8.0 hours |
October 9–October 13, 2017 |
16.0 hours |
July 21–July 25, 2017 |
38.1 hours |
April 28–April 30, 2017 |
24.0 hours |
January 20–January 22, 2017 |
24.0 hours |
December 18, 2016 |
8.0 hours |
This number of incidents has disrupted 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. Seven incidents of unscheduled/unauthorized absence in the rolling calendar year constitute failure to meet company standards of performance and conduct (policy 2.14).
1. Measurable/Tangible Improvement Goals: Tom, I expect you to immediately improve your attendance to meet company minimum standards.
2. Training or Special Direction to Be Provided: None at this time. You have already received a copy of company policy regarding absence. I hold you fully responsible for your attendance. If you need to meet with Gail Angel in Human Resources to discuss your rights under the Family and Medical Leave Act, you can reach her at x2279.
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: Failure to meet company absenteeism standards is serious. You are now formally being placed on written warning for unauthorized absence. This indicates that you may not have taken your prior warning as seriously as you should have. You are now formally notified that a ninth incident of unauthorized absence (meaning an absence not to protected by law or approved by your supervisor) 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.
Scheduled Review Date: None
Note: The following sentence should be added to the Employee Acknowledgment: “By signing this, I commit to improve my attendance to meet company standards and to follow all other standards of performance and conduct. I also now acknowledge that my job is in jeopardy of being lost.”
3 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.
3.15.168.214