Attendance Support: A Conversation Based Approach

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1 June 2014 Attendance Support: A Conversation Based Approach Our Plan

2 1: SUMMARY : APPROACH AND PURPOSE : TYPES OF ABSENCES... 4 Non-Culpable Absences... 4 Culpable Absences : RESPONSIBILITIES... 5 Supervisors... 5 Employees... 5 Human Resource Services : PROGRAM APPLICATION... 7 Attendance Issue Identification... 7 Initial Steps in Attendance Support... 7 Flow Chart 1 - Attendance Issue Identification Process : ATTENDANCE CONVERSATIONS, INFORMAL... 9 Pre-Conversation Planning... 9 The Process... 9 First Conversation... 9 Second Conversation... 9 Third Conversation Flow Chart 2 - Attendance Conversation Process, Informal Level : FORMAL ATTENDANCE MEETINGS Pre-Conversation Planning The Process First Formal Meeting Second Formal Meeting Third Formal Meeting Fourth Formal Meeting Last Chance Meeting Referral to the Labour Relations Group : FULL PROCESS FLOW CHART

3 1: SUMMARY The Greater Victoria School District is committed to each student s success in learning within a responsive and safe environment. Our mission is attainable when employees of the District are healthy and well, and thus able to perform in their job role to the best of their abilities. Further to this, regular and consistent attendance allows an employee to apply their valuable set of skills and knowledge to the workplace, which helps the District s mandate to be realized. Recognizing the importance of employee health and wellness, the District has developed an approach that promotes a holistic commitment to three key areas: attendance support, disability management and wellness initiatives. Attendance Support Disability Management Wellness Initiatives The Attendance Support Program is one element of this approach. Applicable to all employee groups in the District, it follows a relationship and conversation led philosophy as a means to identify risks to employee health and wellbeing, and assist in improving attendance. The Attendance Support Program consists of a three-step process: Attendance Issue Identification Informal Conversations Formal Meetings This document details the process followed for these three steps. It also defines and outlines parameters of the Program, including: Program approach and purpose; Types of absences to be addressed; Roles and responsibilities of supervisors, employees and Human Resources staff; and Requirements for referral to the District s Labour Relations Group. 2

4 2: APPROACH AND PURPOSE The District believes that a relationship and conversation led approach with employees is the best way to recognize risks to employee health and wellbeing, reduce absenteeism and enhance employees engagement in the workplace, while also ensuring that employees are treated in a consistent and fair manner. Our desire is to minimize avoidable absences and work with employees to ensure a healthy and vibrant workplace. The purpose of our program is to: 1. Support attendance positively, pro-actively and consistently, by assisting those who have difficulty with attendance, and recognizing improved attendance. 2. Encourage accountability for work attendance. 3. Work with individual employees who are having difficulty maintaining regular attendance, including the provision of: Informal and/or formal support from principals, managers, union representatives and Human Resource Services staff; and Access to support programs that foster wellbeing, such as employee assistance programs and District wellness initiatives. 4. Search for solutions to maintain regular attendance and reduce absence, including the identification of employees genuine accommodation needs. 5. Assist in protecting the employment relationship. 3

5 3: TYPES OF ABSENCES Absences can be grouped into two main categories: non-culpable and culpable. This Attendance Support Program focuses on non-culpable absences only. Further, the Program will categorize absences whose reasons are unclear as non-culpable. This will ensure that employees are given the opportunity to receive support where it may be needed. Non-Culpable Absences Absences defined as non-blameworthy, involuntary and/or innocent Non-culpable absences occur when an employee, through no fault of their own, is unable to fulfill their employment responsibilities. These types of absences are often beyond the employee s control, and may be referred to as involuntary or innocent absences. Examples of non-culpable absences that may need support include illness/injury and emergency situations. In this context, it is important to clarify the purpose of sick leave for District staff: to provide cost recovery for an employee when they are ill and/or injured and unable to perform their job duties. It is the intent of the District to promote a healthy workplace culture for this nonculpable absence; that is, take leave if and when you re ill or injured, and seek supports to help you to return to good health and to work. Culpable Absences Absences defined as blameworthy, voluntary and unacceptable Culpable absences occur when an employee is absent for reasons that are within their control and are deemed unacceptable. Such absences are subject to discipline, like any other form of misconduct. Examples include an employee returning late from breaks and fraudulent use of sick leave. 4

6 4: RESPONSIBILITIES Each employee of the District plays a role in creating the best possible learning environment for our students and an enjoyable, productive workplace. The responsibilities of supervisors, employees and Human Resource Services in the attendance support process are outlined below, which together help ensure the success of the Program. Supervisors Supervisors are fundamental to the success of the Attendance Support Program, through their leadership, guidance and open communication with employees. These interactions help to build positive working environments that foster good attendance. Supervisors are in the best position to successfully address absence issues because they: Have an established relationship with the employee; Are responsible for the employee s performance; and Are directly aware of the impacts of the employee s absence. Employees It is the commitment, hard work and engagement of employees of the Greater Victoria School District that results in successful learning outcomes for students, and makes the District a healthy and vibrant workplace. The responsibilities for these two groups are as follows: Supervisors Convey the supportive tone of the Program to employees, and model a positive approach to attendance. Communicate expectations, to ensure employees understand the importance of regular attendance and the consequence of their absence. Ensure employees are aware of the process to report work absences. Coach and offer assistance to employees where attendance is becoming an issue, to help the employee achieve improvement. Employees Endeavour to maintain good health and well-being, and actively participate in a medical/recovery plan when applicable. Understand their obligation to attend work regularly and perform the duties for which they were hired. Follow procedures for reporting work absences, and provide medical documentation as needed. Keep their supervisor and Human Resource Services informed about their recovery and issues that may impact their ability to be at work. 5

7 Human Resource Services Human Resource Services staff helps to maintain consistency and fairness in the Attendance Support Program process, and provide support for supervisors and employees. They are responsible for: Guiding and acting as a resource to all parties; Ensuring that the Program is being implemented in a consistent, fair and respectful manner across the District; Ensuring that employees understand their attendance responsibilities and are familiar with the Attendance Support Program; Providing supervisors with appropriate training on the Attendance Support Program, as well as data on employee absences; Coaching supervisors on Program implementation; Leading formal support sessions with employees; Overseeing cases involving modified work duties and accommodation issues; and Handling serious cases that have moved through the Program and have been passed on to the District s Labour Relations group. 6

8 5: PROGRAM APPLICATION Attendance Issue Identification The Attendance Support Program uses absence data to objectively identify potential attendance issues. There is not a single measure that will recognize all cases that may require support. However, a combination of the following will assist in recognizing issues: Average occurrences per department, position, school and/or employee group; and Average days per department, position school and/or employee group. These measures allow comparison of the employee to the general workforce. The supervisor needs to be aware when a given employee exceeds or is on course to exceed these numbers in the near future. Such analyses will be conducted by Human Resource Services. Exceeding these measures alone does not mean that a problem is developing. There are many reasons why an employee may be absent more than others, such as a serious illness, accident or injury requiring extended time off work. While supervisors and Human Resource Services staff should be consistent in addressing absence issues, it is essential that each case is dealt with on an individual basis and that extenuating circumstances are considered. Initial Steps in Attendance Support The application of attendance support requires staff to abide by standard attendance reporting processes. Employees that are unable to attend work are required to log into ADS as soon as possible in advance of their absence. The supervisor may call the employee to confirm the absence and obtain appropriate information, including general reasons for the absence and its expected length. The employee should provide a prognosis for the absence, excluding confidential medical information; they are not required to provide a diagnosis of their illness. The supervisor will touch base and communicate with the employee during their absence and upon their return to work. Every two months, Human Resource Services will conduct analyses to review staff absences. Employees who are approaching and/or have exceeded general workforce norms will be noted, and supervisors will be provided with attendance data for these employees. Each case will be reviewed individually, to determine whether attendance support is appropriate. 7

9 Flow Chart 1 - Attendance Issue Identification Process (For All Employees) 8

10 6: ATTENDANCE CONVERSATIONS, INFORMAL When Human Resource Services identifies an employee who may need attendance support, the employee s supervisor will be provided with the employee s attendance records. These records are reviewed, and if deemed appropriate, the supervisor will engage the employee in three Attendance Conversations at an informal level (Flow Chart 2). These conversations help the supervisor to identify strategies to support the employee. They are also a way to increase awareness of the importance of being at work on a regular, consistent basis. Pre-Conversation Planning Before speaking with an employee the supervisor needs to be prepared, and should seek assistance from Human Resource Services where appropriate. This will help to bring the most value to the situation, and ensure that suitable support is offered to the employee. This is a key opportunity to inform the employee that they are missed when they are absent, and of the importance that the District places on their consistent attendance. When informed of the need for these conversations, it is also expected that the employee come prepared for open, respectful dialogue on their attendance. The Process A minimum of three conversations will be held at the informal stage of the Program, at two month intervals. Human Resource Services will provide regular reports to the supervisor before each conversation. Should the employee s attendance continue to be a concern two months after the Third Conversation, they will enter the Formal Attendance Process. First Conversation The purpose of the first conversation is to advise the employee of the attendance issue, express concern for their wellbeing, and to determine if there is anything that the District can do to assist the employee in improving their attendance. The supervisor will also ensure that the employee is fully aware of the Attendance Support Process. This is a time to ask the employee for assistance in understanding their absences, and to offer support. The supervisor will schedule a follow up conversation at two months (Second Conversation). Second Conversation This conversation will take place two months after the first meeting, regardless of the employee s attendance over that period of time. During this discussion, the supervisor will positively acknowledge any improvement and/or express continued concern to do with the 9

11 employee s absences, as appropriate. The supervisor will schedule a follow up conversation at two months (Third Conversation). Third Conversation This conversation will take place two months after the second meeting, regardless of the employee s attendance over that period of time. During this discussion, the supervisor will positively acknowledge any improvement and/or express continued concern to do with the employee s absences, as appropriate: If significant improvement has occurred, the supervisor will thank the employee for this positive change, and inform them that they will move back into the general attendance issue identification process for all employees. If there has been no improvement, the supervisor will explain that unless there is a change in attendance over the next two months, the employee will move into the Formal Support process. If there has been no improvement, the supervisor will schedule a follow up conversation at two months (First Formal Meeting; see below). Two months following this conversation, attendance records will be provided to the supervisor by Human Resource Services, and together they will evaluate whether attendance has improved enough for the employee to return to the general attendance issue identification process for all employees. If this is the case, the supervisor will meet with the employee to pass this information on, as well as to acknowledge and thank them for their improved attendance. Alternatively, if attendance is determined to still be a concern, the employee will be transferred into the Formal Attendance Process (First Formal Meeting). 10

12 Flow Chart 2 - Attendance Conversation Process, Informal Level 11

13 7: FORMAL ATTENDANCE MEETINGS The Formal Attendance Process focuses on working with the employee to improve their attendance in a more structured way, and ensuring that the employee is aware of the potential outcomes of not improving their attendance (Flowchart 3). Human Resource Services will help decide to move an employee to the formal support level, and an HR manager will attend these meetings. They will document the meetings and ensure that support is available. The employee will be encouraged to have a union/association representative present for these meetings. An employer is not entitled to discipline an employee for absence due to genuine illness or injury. The District will not issue disciplinary letters, nor will it suspend an employee for nonculpable absence. However, the District does have the right to take steps aimed at improving an employee s attendance at work and assisting them to fulfill their employment contract. If an employee follows the Attendance Support Program to completion without a resolution being achieved, the District may determine that the viability of the employment relationship has been frustrated. In these circumstances, the employee will be referred to the Labour Relations group within Human Resource Services. When an employee moves through the informal and formal processes and their attendance improves to a reasonable level, the formal process will be discontinued. Their attendance will then be monitored as part of general attendance issue identification for all employees. If an attendance issue recurs, the employee may return to the formal process. Re-entry will be based on a review of absences and past participation in the informal/formal process. In cases of non-culpable absenteeism, the District has just cause to refer an employee to the Labour Relations group when the following conditions are met: 1. The employee has an excessive absence record, based on comparison with established absence norms (District/School/Department); 2. Other employees with similar or worse absenteeism have been treated the same; 3. All reasonable efforts have been made to assist the employee in addressing their absenteeism and successfully fulfilling the employment contract; 4. There is no likely resolution to the issue and the employee is unlikely to attend work regularly in the future; and 5. Relevant provisions in the collective agreement, and any applicable legislation, have been complied with. In effect, the employer must demonstrate that the employee s absenteeism has frustrated the employment relationship. 12

14 Pre-Conversation Planning Similar to the informal process, the supervisor needs to be prepared prior to meeting with an employee to bring the most value to the situation and offer the best-suited support. This is another key opportunity to inform the employee that they are missed when they are absent, as well as reiterate the importance that the District places on their consistent attendance. It is imperative that the employee understands that failure to address the issue may frustrate the employer-employee relationship, and result in the employee s referral to the Labour Relations group for employment-related consequences. Similar to conversations at the informal level, it is expected that employees come to these meetings prepared for open, respectful dialogue with their supervisor and the HR manager. The Process There are five steps in the Formal Attendance Process: 1. First Formal Attendance Meeting 2. Second Formal Attendance Meeting 3. Third Formal Attendance Meeting 4. Fourth Formal Attendance Meeting 5. Referral to Labour Relations within Human Resource Services In addition to this, there is also the option for a Last Chance Meeting if the employee demonstrates minor improvement in attendance after the Fourth Formal Meeting. This approach ensures that appropriate effort is made to support employees in fulfilling their obligations to the District, and that all employees are treated in a consistent and fair manner. First Formal Meeting The purpose of the First Formal Meeting is to review the employee s past attendance, express concern for the employee s wellbeing, and to determine if the District can assist the employee to improve their attendance. The supervisor and HR manager will also ensure that the employee is fully aware of the Attendance Support Process. The supervisor will schedule a follow up meeting at two months (Second Formal Meeting). The HR manager will document the meeting, and send the employee a non-disciplinary confirmation letter regarding the meeting. Where applicable, they will also send a copy of this letter to the employee s union/association, with a copy to the employee s personnel file. 13

15 Second Formal Meeting This meeting will take place two months after the First Formal Meeting. Prior to this discussion, updated attendance records will be provided to the supervisor by Human Resource Services, and together they will evaluate whether attendance has improved or continued to be an issue. The supervisor will discuss these records with the employee, identify expectations, and schedule a follow up meeting at two months (Third Formal Meeting). The HR manager will document the meeting, and send the employee a non-disciplinary confirmation letter regarding the meeting. Where applicable, the HR manager will send a copy of this letter to the employee s union/association, with a copy to the employee s personnel file. Third Formal Meeting This meeting will take place two months after the Second Formal Meeting. Prior to the meeting, updated records will be provided to the supervisor by Human Resource Services, and together they will evaluate whether the employee s attendance has improved significantly enough to transfer back into the Informal Attendance Conversation Process or General Attendance Issue Identification Process, or if they should continue with the Formal Process. Where there has been significant improvement over the latest review period, the supervisor may transfer the employee back to the Informal Attendance Conversation Process (Third Conversation), and a follow-up conversation will be scheduled in two months. Alternatively, the employee may be transferred to the General Attendance Issue Identification Process (i.e. program exit); this decision will be based on discussions with Human Resource Services. The supervisor will inform the employee that if recent improvements are not maintained their case may return to the formal process. Where there is minimal or no improvement with the employee s attendance over the latest review period, the supervisor will identify expectations, advise that the employee s attendance continues to be unacceptable, and ask if there s any additional information the employee can provide to help understand their situation. The supervisor will also schedule a follow up meeting at two months (Fourth Formal Meeting). The HR manager will document the meeting, and send the employee a non-disciplinary confirmation letter regarding the meeting. Where applicable, the HR manager will send a copy of this letter to the employee s union/association, with a copy to the employee s personnel file. 14

16 Fourth Formal Meeting This meeting will take place two months after the Third Formal Meeting. Prior to the meeting, updated attendance records will be provided to the supervisor by Human Resource Services, and together they will determine whether the employee s attendance has improved significantly enough to transfer back to the Second Formal Meeting stage of the Program for their next meeting. If not, the decision must be made whether to proceed to a Last Chance Meeting, or to refer the employee to the District s Labour Relations group. Where there has been significant improvement over the latest review period, the supervisor will inform the employee that they will be transferred back to the Second Formal Meeting stage of the Program. The supervisor will also schedule a follow up meeting at two months (Second Formal Meeting). Where there has been minor improvement, the supervisor will inform the employee that the observed improvements have given cause for a Last Chance Meeting. The supervisor will schedule this follow up meeting at two months. The HR manager will document the meeting, and also send the employee a non-disciplinary confirmation letter regarding the meeting. Where applicable, the HR manager will send a copy of this letter to the employee s union/association, with a copy to the employee s personnel file. Where there has been no improvement, the supervisor will advise the employee that their attendance continues to be unacceptable. As the final conversation in the Attendance Support process, the supervisor will ask the employee if they have any other information to add as the District considers referral to its Labour Relations group. The HR manager will document the meeting, and once a choice has been made regarding referral to the District s Labour Relations group, will send the employee a letter that details the meeting and decision. Where applicable, the HR manager will send a copy of this letter to the employee s union/association, with a copy to the employee s personnel file. Last Chance Meeting This meeting will occur if minor improvements are noted at the Fourth Formal Meeting. Updated attendance records will be provided to the supervisor by Human Resource Services. Together they will determine whether the employee s attendance has improved significantly enough to transfer the employee back to the Third Formal Meeting stage. If not, they must decide whether to refer the employee to the Labour Relations group. 15

17 Where there has been significant improvement, the supervisor will inform the employee that they will be transferred back to the Second Formal Meeting stage of the Program. The supervisor will also schedule a follow up meeting at two months (Second Formal Meeting). The HR manager will document the meeting, and also send the employee a non-disciplinary confirmation letter regarding the meeting. Where applicable, the HR manager will send a copy of this letter to the employee s union/association, with a copy to the employee s personnel file. Where there has been minimal or no improvement, the supervisor will advise the employee that their attendance continues to be unacceptable. As the final conversation in the Attendance Support process, the supervisor will ask the employee if they have any other information to add as the District considers referral to its Labour Relations group. The HR manager will document the meeting, and once a choice has been made regarding referral to the District s Labour Relations group, will send the employee a letter that details the meeting and decision. Where applicable, the HR manager will send a copy of this letter to the employee s union/association, with a copy to the employee s personnel file. Referral to the Labour Relations Group If all attempts to support the employee to improve their absenteeism have been unsuccessful, they may be referred to the District s Labour Relations group for case review and possible employment-related consequences (subject to the provisions of applicable legislation, and the District s duty to accommodate). This group will determine the continued viability of employment, and whether the employer-employee relationship has been frustrated. 16

18 8: FULL PROCESS FLOW CHART 17

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