Page 1 of 40 Date of Issue June 2015 Original Date of Issue February 2014 Subject ATTENDANCE SUPPORT/DISABILITY MANAGEMENT PROGRAM References Links Contact 1. Purpose Human Rights Code (Ontario) Employment Standards Act Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) Personal Information Protection and Electronic Documents Act (PIPEDA) Occupational Health and Safety Act (OHSA) Education Act Board Policy 3145 Attendance Support/Disability Management Program APM A4002 Reporting of Workplace Injuries APM A4007 Workplace Safety and Insurance Board (WSIB) Claims FORM A4008-1 Functional Abilities Form FORM A4008-2 Chronic Medical Condition/Disability Form Human Resource Services 1.1 The Simcoe County District School Board (SCDSB) believes that both individual and organizational health are important factors affecting the ability of all employees to attend work and to fully contribute to the board s mission and to achieving its goals. To that end, the board has developed an Attendance Support/Disability Management Program. 1.2 The Simcoe County District School Board recognizes and accepts its legal responsibility under the Ontario Human Rights Code (OHRC) to accommodate individualized needs of persons with a disability, as defined under the OHRC, in order to assist them in performing the duties of his/her position. Accommodation will be individualized and will be based on the employee s physical, emotional and/or intellectual abilities. Accommodation will be provided in a manner that respects the individual s dignity and that maximizes the employee s integration and participation in the workplace. 1.3 The Simcoe County District School Board is committed to developing an inclusive barrier-free work environment in which persons with disabilities have equal access to opportunities and all employees feel included and valued. The board will make every reasonable effort to arrange meaningful and appropriate accommodation for employees with disabilities. 1.4 The purpose of this procedure is to provide guidelines for the accommodation of employees in the workplace and to ensure a systematic and integrated application with respect to accommodating employees in the workplace. It will also provide guidance in the identification and support of employees requiring assistance, and develop proactive and preventative measures.
2 General Administrative Procedures Page 2 of 40 1.5 The purpose of the Attendance Support/Disability Management Program is to: 1.5.1 Articulate the board s expectations with respect to attendance at work. 1.5.2 Educate and increase the awareness of employees as to the importance of regular attendance and the effect that irregular attendance has on his/her work, his/her co-workers, and student achievement. 1.5.3 Provide for an increase in monitoring employees as the incidence of absenteeism increases, and assist with identifying any required intervention. 1.5.4 Encourage feedback to employees regarding attendance and assist with maintaining a level of attendance acceptable to the board 1.5.5 Provide a consistent and standardized approach for supporting employees when their absence rates exceed a just and equitable threshold. 1.5.6 Provide fair and equitable access to sick leave benefits in compliance with collective agreements and employment legislation. 2.1 The Attendance Support/Disability Management Program applies to all employees of the board. 2.2 The goal of the Attendance Support/Disability Management Program is to facilitate the return to work of employees and assist employees to maintain regular attendance, with or without accommodation. 2.3 Clear roles and responsibilities for employees, principals, managers, supervisors, human resource services personnel and superintendents are articulated within. 2.4 Principals, managers, supervisors, superintendents, human resource services personnel and the employee share accountability for the program. 2.5 Key components of the Attendance Support/Disability Management Program include: 2.5.1 Reporting of absences due to illness or injury; 2.5.2 Management of medical leaves of absence; 2.5.3 Adjudication of access to the Short Term Leave Disability Program (STLDP); 2.5.4 Notification to the employee of his/her status within the program; 2.5.5 Meeting and dialogue with the employee; 2.5.6 Goal setting and planning for improved attendance; 2.5.7 Offer of assistance, such as the Employee Assistance Program (EAP) or early intervention; 2.5.8 Opportunity for improvement; 2.5.9 Provision of medical documentation; 2.5.10 Recognition of improved attendance; 2.5.11 Workplace accommodation, such as modified work programs and stay at work accommodations; 2.5.12 Early and safe return to work
Page 3 of 40 2.5.13 Continuance of an employee s status within the program should the employee s work location change. 2.6 It is important to recognize that every case is unique, but the following of the Attendance Support/Disability Management Program procedures will ensure that a common approach is used in reviewing individual circumstances. 2.7 The Attendance Support/Disability Management Program operates in conjunction with, but does not supersede, the Human Rights Code (Ontario), the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act. 3 Procedure 3.1 The Simcoe County District School Board will maintain an Attendance Support/Disability Management Program that outlines the procedures to monitor medical leaves and access to the STLDP, assist employees to attend work regularly, to promote high quality educational services for our students, and to maintain a healthy and safe workplace. 3.2 The collection, control, use and necessary disclosure of personal information provided for the purpose of determining eligibility for sick leave benefits and the STLDP, or for providing employees with accommodations, shall be in accordance with the Municipal Freedom of Information and Protection of Privacy Act, Personal Information Protection and Electronic Documents Act, the Occupational Health and Safety Act and other applicable legislation. 3.3 The board will ensure that all information collected through the Attendance Support/Disability Management Program is stored in a confidential manner in a secure location. Access to such information will be restricted to the superintendent of human resource services and/or designate and the employee and/or their designate. 3.4 The Attendance Support/Disability Management Program Handbook (APPENDIX A) outlines the procedures of the program. 3.5 The Workplace Accommodation Handbook (APPENDIX B) outlines the procedure for obtaining an accommodation. 4 Definitions 4.1 The Attendance Support/Disability Management Program is a comprehensive program aimed at positively supporting the health of employees and the organization which focuses on innocent absenteeism, otherwise referred to as non-culpable absences. 4.2 Innocent absenteeism, otherwise referred to as non-culpable absences, occurs when an employee, through no fault of his or her own, is absent from the workplace due to injury or illness.
Page 4 of 40 4.3 Culpable absenteeism refers to the abuse of sick leave provisions which may include the deliberate misrepresentation or misuse of sick leave, such as failure to report to work, etc. 4.4 The threshold determines participation in the attendance support process and entry into the Attendance Support/Disability Management Program. On an annual basis, the board will determine the threshold with respect to the number of days absent and the number of absence occurrences, and communicate this threshold to employees. It also provides a baseline against which individual improvement can be measured. 4.5 The Employee Assistance Program (EAP) is a confidential counselling and information program available to all permanent employees. 4.6 For the purpose of this procedure, supervisor is defined as an individual who has charge of a workplace or authority over a worker such as a superintendent, principal, manager, supervisor, etc. 4.7 Accommodation is defined as an adaptation or adjustment to enable the employee with a disability to perform the essential duties of the job. The period of accommodation may be temporary or permanent, depending on the particular circumstances. Accommodation does not necessarily require that the essential duties of the job be changed to meet the needs of the employee. Non-essential duties which cannot be performed may be adjusted or reassigned. First Issued February 2014 Revised June 2015 Issued under the authority of the Director of Education
Page 5 of 40 APPENDIX A ATTENDANCE SUPPORT/DISABILITY MANAGEMENT PROGRAM HANDBOOK
Page 6 of 40 APPENDIX A TERMS AND DEFINITIONS Absence measures will be applied board-wide to ten (10) and twelve (12) month employees. Absence is based on a school year calendar (September August) to enter the Attendance Support Program, and once in the program, absences are based on a rolling twelve (12) month calendar. These measures are days and occurrences: Days refers to total number of single working day absences; Occurrence refers to a period of consecutive absence. Accommodation may be available to assist the employee. With appropriate medical documentation, the employer may be able to provide job accommodations such as: Reducing hours of work; Removing a physical barrier; Providing an assistive device for a disability such as; o Hearing o Vision o Mobility o Speech; Modification of duties of the position; Re-assigning the employee to another position if he or she has the necessary skills and abilities to perform the essential duties of the position; Reduction of contract. Attendance Support Plan is a plan designed to help the employer record and track the employee s goals and expectations, the resources or assistance provided and the date of the next follow-up meeting. The plan: a) outlines the employee s attendance record to date; b) identifies contributing factors; c) explores possible solutions and available supports; d) sets clear, well defined goals and expectations regarding attendance, including additional supports, as necessary; e) includes a three (3) month review meeting. Culpable absenteeism refers to an abuse of sick leave provisions which may include the deliberate misrepresentation or misuse of sick leave; failure to report to work, etc. Culpable absenteeism is not the focus of the Attendance Support Program, and is handled through the normal progressive discipline process. Early intervention, through the Attendance Support/Disability Management Program can help identify current issues within the workplace which may require support and/or accommodation, in order to help the employee stay at work and/or return to work as quickly as possible. Early intervention services can provide guidance with respect to treatment options, for example, the Employee Assistance Program (EAP). It can maintain a positive connection to the workplace and alleviates many of the concerns experienced by ill/injured employees, and possibly prevents or shortens the duration of absence. Early intervention also allows for early contact with the
Page 7 of 40 APPENDIX A employee s physician (through the employee) in order to obtain objective medical information, including the general nature of the illness/injury and limitations and restrictions, so that return to work planning can begin with the goal of developing an early and safe return to work. The duty to accommodate requires employers and unions to adapt the workplace to meet the needs of an employee with a disability, to the point of undue hardship. The Employee Assistance Program (EAP) is a confidential counselling and information program available to all permanent employees. Frustration of contract refers to when an unforeseeable event occurred that prevented either party from fulfilling their obligations under the contract. When an employee, due to illness or disability, is not able to perform the duties they have been hired to provide, even with accommodations, the employer may terminate his/her employment. An Independent Medical Examination (IME) is requested and arranged by the employer to obtain a medical report on an employee s condition from a medical practitioner who has not previously examined the employee. This may be requested to support an employee s medical leave/request for workplace accommodation, where the board s internal disability management process is unable to make a decision, or requires additional, objective medical documentation. Innocent absenteeism, or non-culpable absences, occurs when an employee, through no fault of his or her own, is absent from the workplace due to injury or illness. This program does not include absences such as: Approved vacation; All types of approved leaves of absence, with or without pay, as outlined in collective agreements (e.g. Self-funded leave, bereavement leave, personal or compassionate leave, etc.); Pregnancy/parental leave or any other leave under the Employment Standards Act (e.g. Emergency leave, family medical leave); Union/federation leave or release; Quarantine; Observance of recognized religious holy days; Witness or jury duty; Compensating time or overtime; Suspension without pay; Culpable absences; Inclement weather days; Absences due to work-related injuries or illness approved by the Workplace Safety and Insurance Board (WSIB). Sick Leave Days are allocated to the employee on September 1 st of the current school year. An employee shall be paid 100% of regular salary for up to eleven (11) days of absence due to personal illness. Personal illness shall be for SCARRI Codes 01 (personal illness) and 02 (personal emergency, medical or dental). A less than full-time employee shall be paid 100% of the employee s regular salary (as per the employee s full-time equivalent status). These days shall not accumulate from year-to-year.
Page 8 of 40 APPENDIX A The Short Term Leave and Disability Plan (STLDP) provides an additional one hundred and twenty (120) days of short term sick leave to be paid at a rate of: CUPE: 66.67% of the employee s regular salary and be eligible for 90% of regular salary in accordance with the STLDP outlined in this APM All other employee groups: 90% of the employee s regular salary in accordance with the STLDP outlined in this APM. STLDP Top-Up: If additional funding is provided by the provincial government, employees will have access to a sick leave top-up for the purpose of topping up salary to one hundred percent (100%) under the STLDP. This top-up is calculated as: 11 days, less the number of sick days used in the prior year. For employee absences that extend beyond the sick leave days paid at 100% of salary, the employee shall be eligible for a STLDP top-up for up to 100% of regular salary, subject to their top-up availability and subject to the board s disability management program. The threshold determines participation in the attendance support process and entry into the Attendance Support Program. On an annual basis, the board will determine the threshold with respect to the number of days absent and the number of absence occurrences, and communicate this threshold to employees. It also provides a baseline against which individual improvement can be measured. Extenuating Circumstances The Simcoe County District School Board may exercise its discretion with regard to a number of factors, including, the employee s history of absenteeism, the nature of the problem identified as contributing to the absenteeism, the co-operation of the employee in any support or medical programs and whether any absences were claimed as emergency leave in accordance with the Employment Standards Act. It is understood that before making any decisions, the board will take into account any obligations that it may have under law and/or the collective agreements and terms of employment and in that regard, recognizes that the duty to accommodate may have application in any employee s particular circumstances. Personal Thresholds Depending on an employee s individual circumstances, based on discussions with the employee and their supervisor, and with appropriate medical documentation which is satisfactory to the board, a personal threshold may be set for an employee that is different from the board threshold. A personal threshold may only be established in consultation with human resource services personnel. A Last Chance Agreement is an agreement between the employer and the employee, wherein the employee agrees to change his/her behaviour or performance in order to remain in his/her position. Failure to make the changes may result in termination of employment. Long Term Disability (LTD) refers to an income replacement program for employees that are totally disabled for extended periods of time due to accident or illness.
Page 9 of 40 APPENDIX A Medical documentation may be required in accordance with the applicable collective agreement and to determine access to the STLDP, and at any time after an employee enters the Attendance Support/Disability Management Program. Appropriate medical documentation must include the following: o Be on doctor s letterhead and signed by the physician; o Be legible; o Include general nature of illness, excluding diagnosis; o Include the date of the assessment by the medical practitioner (documentation should be certified during the period of the absence); o Confirm that the employee was unable to attend to his/her official duties on the date of the absence due to injury or illness; o Outline medical restrictions and limitations which prohibit the employee from performing the essential duties of his/her position; o Outline the duration for which the limitations and restrictions are in effect; o Certify that the employee is involved in a treatment plan; o Provide the date of the next assessment; o Provide a prognosis for return to work or regular attendance. o Must be from acceptable Health Care Professionals who have the ability to diagnose as per the Regulated Health Professions Act, which include: Physicians, Psychologists, Dentists, Physiotherapists, Chiropractors, Nurse Practitioners and Midwives. Should appropriate medical documentation not be received, a medical certificate requesting additional information will be sent to the physician (through the employee). The Workplace Referral Program is an intensive and specialized counseling intervention offered through the board s Employee Assistance Program that aims to help resolve an employee issue through a monitored process, which provides ongoing updates and feedback to the employer on attendance, progression towards counseling goals and potential obstacles to success. Monitored Referral Program: Although the program may be strongly recommended, the employee is aware that participation and information release are not a condition of employment and he/she is in agreement with referral and release of information. Mandated Referral Program: The employer has made the Workplace Referral Program referral a condition of employment. The employee knows that participation and information release is a condition of employment, and that his/her employer expects attendance at all sessions to comply with recommended remedial plans including any post counselling program recommendations. REPRESENTATION It is understood that represented employees have the right to have union representation present at all meetings. It is the responsibility of the employee to invite the appropriate union/federation representative to a scheduled meeting with respect to any attendance/disability management matter (if applicable). REPORTING ABSENCE
Page 10 of 40 APPENDIX A Employees are expected to make every reasonable effort to attend work as scheduled. The Simcoe County District School Board recognizes that despite this expectation there will be occasions when employees are unable to attend work due to illness or injury. The Simcoe County Absentee Reporting and Replacement Information System (SCARRI) is a system that the Simcoe County District School Board employs to track absences and to dispatch supply staff. In order to ensure a consistent and equitable approach throughout the board, it is imperative that all absences are reported to SCARRI for all positions, not only those requiring replacement personnel. Any work-related injury/illness absence must be reported to the employee s direct supervisor or the HRS Coordinator as soon as reasonably possible. Any absence related to work-related injury and illness must be reported to the Simcoe County Absence Reporting Replacement Information System (SCARRI) using SCARRI code 04 - WSIB. Employees are expected to contact/seek prior approval from their supervisor when they are requesting to utilize sick leave for any purpose other than personal illness. These situations are outlined in the collective agreements and clearly require prior approval of the supervisor. Employees also have a professional responsibility to ensure that their work obligations are communicated to their workplace in order to ensure a smooth work flow in their absence. ROLES AND RESPONSIBILITIES Employee Report all absences as directed above; Request early intervention services (if experiencing difficulty at work that may require workplace accommodation, etc) through human resource services health & wellness personnel; Maintain communication with human resource services health & wellness personnel throughout the absence; Employees may expect to be regularly contacted by human resource services health & wellness personnel during the absence period; Engage in medical rehabilitation and/or treatment which can be expected to facilitate an early and safe return to work; Provide appropriate medical documentation, as required to access sick leave credits, and assist with stay at work or return to work planning, as requested by human resource services health & wellness personnel. Employees are responsible for the cost of medical documentation; Attend to personal affairs and obligations outside of working hours; Attend meetings regarding attendance as requested; Report Workplace Safety and Insurance Board (WSIB) incidents within twenty-four (24) hours of the occurrence of an incident. Supervisor
Page 11 of 40 APPENDIX A Promote and maintain a work environment that protects the overall health, safety and wellness of all employees; Monitor staff attendance on a regular basis, and identify concerns related to attendance; Communicate attendance and reporting expectations to all employees; Communicate the Attendance Support/Disability Management Program to all employees; Offer assistance to employees when required; Work with human resource services health & wellness personnel and their area superintendent to: o Monitor and evaluate employee absences; o Develop and implement an effective support plan, including attendance goals, work expectations, employment accommodation needs, use of external resources, etc. Work in conjunction with human resource services health & wellness personnel, and/or the bargaining agents to assist with stay at work/return to work planning and/or to provide workplace accommodations as required. Human Resource Services Personnel (Through human resource services health & wellness personnel) Promote and maintain a work environment that protects the overall health, safety and wellness of all employees; Adjudicate and approve medical leaves of absence, and requests for access to the STLDP; Orient and train supervisors and employees on the Attendance Support/Disability Management Program and its procedures; Provide supervisors with assistance and guidance at the various levels of the Attendance Support Program; Monitor employee absence records and notify the supervisor when an employee has reached the attendance threshold set by this procedure; Be fair, consistent and equitable in the application of the Attendance Support/Disability Management Program; Adjudicate medical documentation and obtain further medical documentation from the employee which is satisfactory to the board; Coordinate the Third Party Adjudication and/or Independent Medical Examination process, when required; Store medical documentation in a secure and confidential location; Assist in the development of support plans for employees, including attendance goals, work expectations, employment accommodation needs, use of external resources etc.; Work in conjunction with the supervisor and/or the bargaining agents to assist with stay at work/return to work planning and/or to support workplace accommodation efforts where required. Bargaining Agents Provide ongoing support and assistance to their members; Assist employees involved in the Attendance Support Program, as necessary; Participate in and cooperate with the attendance support and disability management process; Ensure member cooperation with respect to requests for medical documentation;
Page 12 of 40 APPENDIX A Work in conjunction with the Human Resource Services Health & Wellness personnel, and the supervisor to assist with stay at work/return to work planning and/or to support workplace accommodation efforts where required. Senior Management Promote and maintain a work environment that protects the overall health, safety and wellness of all employees; Ensure that high quality services are provided to students and the public in an efficient and cost effective manner; Demonstrate commitment to the Attendance Support/Disability Management Program by: o Ensuring that all principals/managers/supervisors maintain their own good attendance; o Ensuring that all superintendents/principals/managers/supervisors act consistently and equitably, in dealing with attendance issues at all levels of the organization. DISABILITY MANAGEMENT PROCEDURES (APPENDIX A-1 and A-2) Disability management is provided by the human resource services health & wellness personnel, and involves the management of an ill/injured employee s absence and return to work. Through regular communication with, and support of, ill and injured employees, disability management is a systematic, goal-oriented process of actively minimizing the impact of impairment on the individual s capacity to participate competently in the workplace or reduce the risk of further deterioration when a disability exists. This process involves data gathering (medical documentation, employee reports and supervisors reports), analysis, assessment, early intervention, case management, rehabilitation and return to work. The human resource services health & wellness personnel monitors the progress of each disability case by: Adjudicating submitted medical documentation and determining need for additional medical to support the absence/accommodation Assessing each employee s individual situation according to the health practitioner s report of restrictions and limitations and research return to work possibilities to suit the degree of disability; Works with employees to assess restrictions and/or limitations; Assesses the employee s work capabilities in conjunction with medically-supported restrictions and/or limitations provided by the appropriate treating medical practitioner(s) through the use of a functional abilities non-work related injury/illness form (FORM A4008-1) Inform the employee s supervisor of the work restrictions and/or limitations; Coordinates the modifications of the work or workplace, as required, in conjunction with medically-supported limitations and/or restrictions; Coordinate the stay at work and/or return to work process for all disabled employees with the employee, supervisor, treating medical practitioner and the union representative, if applicable; Arrange workplace accommodations, assistive devices and alternate, suitable work; Maintain an ongoing assessment and arrange regular follow-up during the stay at work or return to work plan, as required.
Page 13 of 40 APPENDIX A Medical Leaves of Absences/Absences due to Chronic Disability Employees are responsible for promptly advising their supervisor and human resource services health & Wellness personnel, of any condition, illness or injury interfering with their ability to attend work. Employees are to ensure their absences are recorded in SCARRI (Simcoe County Absentee Reporting and Replacement Information System), unless otherwise advised by human resource services health & wellness personnel. Employees are responsible for providing appropriate, objective medical documentation to support their absence due to illness/injury. Medical documentation must be provided to the human resource services health & wellness personnel. If an employee feels they suffer from a chronic illness/disability which is preventing them from attending work on a regular basis, medical can be submitted to support the absences (FORM A4008-2). The human resource services health & wellness personnel will determine the appropriateness of the medical documentation, and whether additional medical information is required to assist with the assessment of the employee s need/request for salary continuance using sick leave credits, or access to the STLDP. Human resource services health & wellness personnel will send a letter to the employee to notify them of the receipt of medical documentation, as well as the requirement for additional medical documentation. Should the requested additional medical documentation not be received, the employee will be provided with a medical certificate form to be completed, which provides the human resource services health & wellness personnel with more detailed information (not diagnosis). For CUPE members, should the requisite medical documentation not be received by the date specified, without reasonable explanation, the employee shall receive a letter from human resource services health & wellness personnel, advising them that their access to the STLDP will be denied and the employee will be reduced to 66.67% of their pay. Access to STLDP benefits may be reinstated following receipt of appropriate medical documentation. The employee will be contacted on a regular basis (30 days, 60 days, 90 days, or as medical documentation dictates) by the human resource services health & wellness personnel to determine their readiness to return to work and discuss return to work planning. Should an employee be off for 60 days, they will be advised that they may want to consider applying for Long Term Disability, and will be directed accordingly to their appropriate Union contact for assistance. An employee returning from a sick leave absence of ten (10) or more consecutive working days, will be required to provide medical documentation that they are fit to return to work PRIOR to their return to work, to human resource services health & wellness personnel. Should the employee require workplace accommodation (modified schedule/gradual return to work, modified duties), additional time off using their sick leave credits may be required until such time as appropriate accommodations can be put in place. When a medical certificate clearing the employee to return to work with no limitations or restrictions is provided, the HRS Assistant will notify the supervisor, human resource services, and payroll of the return to work date.
Page 14 of 40 APPENDIX A When a medical certificate specifying a limitation to full return is received, the HRS Coordinator will notify the supervisor of the limitations and restrictions, and discuss the accommodations that need to be put into place for the employee s return to work. If necessary, to ensure implementation of an appropriate return to work plan, a meeting may be scheduled by the HRS Coordinator. This meeting will include the employee, the supervisor, the HRS Coordinator, and at the employee s request, union representation (if applicable). Employees Returning from LTD Absences A return meeting may be arranged with the LTD provider, human resource services, health & wellness personnel, the supervisor, the employee and union representative (if applicable). The supervisor shall monitor the employee s return to work progress and report any difficulties to the HRS Coordinator. The employee is also responsible for notifying the supervisor, the LTD provider and/or the HRS Coordinator of any difficulties they are experiencing with the return to work plan. The HRS Coordinator will notify the LTD provider and determine next steps. If necessary, the HRS Coordinator will schedule a follow-up meeting with the employee, the supervisor, the HRS Coordinator, the LTD provider and union representation (if applicable). Short Term Leave and Disability Plan (STLDP) Each school year, an employee absent beyond the sick leave days paid at 100% of salary shall be entitled up to an additional one hundred and twenty (120) days short term sick leave to be paid at a rate of 90%, or 66.67% for CUPE members, of the employee s regular salary. CUPE employees receiving 66.67% may be eligible for 90% of regular salary in accordance with the STLDP provisions detailed below. Where evidence of appropriate medical documentation exists the employee will be upgraded to 90% of regular salary. Until such time as appropriate medical documentation is received, the employee will receive 66.67% of their pay. Where the board s internal disability management process is unable to make a decision regarding sufficient medical documentation to access the Disability Management program, an Independent Medical Examination (IME) will be requested. The board shall be responsible for any costs related to third party assessments required by the board to comply with the board s disability management program. Short Term Sick Leave days under the STLDP shall be treated as traditional sick leave days for the purposes of serving the waiting period for Long Term Disability Insurance (LTD). The human resource services health & wellness personnel, will work with the employee and their Union representative to assist with transition to LTD. ATTENDANCE SUPPORT PROGRAM PROCEDURES (APPENDIX A-3) The attendance support process may consist of a number of support meetings between the superintendent, supervisor, human resource services health & wellness personnel, other human
Page 15 of 40 APPENDIX A resource services representative(s), employee and union representative. The meetings focus on creating a supportive plan with clear attendance and work goals and expectations, as well as available resources and/or assistance that might be required to achieve the goals. Goals may be modified, added or deleted based on new medical information received, or through discussions between the supervisor, superintendent, human resource services health & wellness personnel, and the employee. Any level may be extended, suspended or repeated based on the employee s individual circumstances. If after exiting from the Attendance Support Program, the employee is required to re-enter the program, he/she may enter again at step 1, depending on the employee s individual circumstances. Step 1 (APPENDIX A-4) human resource services health & wellness personnel notifies the employee and their supervisor that an employee has reached the threshold/expired their personal illness days, and that insufficient medical documentation has been provided to support their absences. This letter will set a date for a meeting, and will notify them that a union representative will be present. A Coaching Meeting will be held, with human resource services health & wellness personnel, employee, and union representative. Discussions will focus on the employee s absence record, any patterning of absences and reasons for the absences, as well as any assistance, supports and/or accommodation that the employer may be able to provide to the employee through various avenues such as the employee assistance program. The employee is expected to cooperate in identifying the general nature or underlying reasons for the absences and in developing strategies to improve attendance. The employee will receive a follow-up letter from human resource services health & wellness personnel, which will summarize the goals and expectations discussed during the coaching meeting. A date will be set for a follow-up review in three (3) months. A meeting during the three (3) working months may take place in order to review attendance and goals. Step 1 Review (after 3 working months) Human resource services health & wellness personnel will review the employee s attendance record: If the attendance meets the established goals, the employee s success will be acknowledged in writing and the employee will exit the program. No meeting will be necessary; If the attendance does not meet the goals established, but there has been a measurable improvement in attendance, the employee may remain at step 1 for a further 3 working months. The employee will be notified in writing that they will be remaining at Step 1. No meeting will be required, but the employee will be advised that they and/or their union representative may request that a meeting be held; If the attendance does not meet the established goals and there has been no improvement, or if the absence rate has increased, the process will progress to step 2 and the employee will be notified in writing. A Step 2 meeting date will be set;
Page 16 of 40 APPENDIX A If the employee has been given an additional 3 working months at step 1, and at the second Step 1 review their attendance does not meet the established goals and there has been no improvement, or if the absence rate has increased, the process will progress to step 2 and the employee will be notified in writing. Step 2 (APPENDIX A-5) A Coaching Meeting will be held, with human resource services health & wellness personnel, employee and the union. The supervisor may be involved if necessary. Discussions will focus on the employee s ongoing absences and reasons for the absences/why goals were not met, as well as any assistance, supports and/or accommodation that the employer may be able to provide to the employee through various avenues such as the employee assistance program. The employee may be required to provide more supporting medical documentation. If medical documentation is not sufficient regarding functional abilities and ability to maintain regular attendance, the board may request that an employee undergo an Independent Medical Examination (IME). The employee is expected to cooperate by explaining the general nature of the continuing absences and assist in developing strategies to improve attendance. The employee is advised that a continuation of excessive absenteeism could result in frustration of the employment contract as they are unable to perform the essential duties of the job which could lead to the termination of his or her employment. Where the continuing absence has an ongoing effect on the effective operation of a department or school, the employee is expected to participate in strategies that have been developed to mitigate the impact of any absence. The employee will receive a follow-up letter from human resource services health & wellness personnel, which will summarize the goals and expectations discussed during the coaching meeting. A date will be set for a follow-up review in three (3) months. A meeting during the three (3) working months may take place in order to review attendance and goals. Step 2 Review (after 3 working months) Human resource services health & wellness personnel will review the employee s attendance record: If the attendance meets the established goals, the employee s success will be acknowledged in writing and the employee will exit the program. No meeting will be necessary; If the attendance does not meet the goals established, but there has been a measurable improvement in attendance, the employee may remain at step 2 for a further 3 working months. The employee will be notified in writing that they will be remaining at Step 2. No meeting will be required, but the employee will be advised that they and/or their union representative may request that a meeting be held; If the attendance does not meet the established goals and there has been no improvement, or if the absence rate has increased, the process will progress to step 3 and the employee will be notified in writing. A Step 3 meeting date will be set; If the employee has been given an additional 3 working months at step 2, and at the second Step 2 review their attendance does not meet the established goals and there has been no improvement, or if the absence rate has increased, the process will progress to step 3 and the employee will be notified in writing.
Page 17 of 40 APPENDIX A Step 3 (APPENDIX A-6) In some cases, some employee absenteeism records may not improve after two attempts at intervention. In this case, the process progresses to step 3, and involvement of the appropriate superintendent and human resource services health & wellness personnel is mandatory; The superintendent, supervisor and human resource services health & wellness personnel will review the employee s employment history, attendance record, previous attempts to improve attendance, and will determine an appropriate course of action. Possible courses of action may include: o o o o o o o o o Re-assignment; LTD; Modified work; Reduction of contract; Assess for possible accommodations; Referral to counselling or other resources e.g. EAP Monitored or mandated Referral Program; Independent Medical Examination (IME) which provides ongoing updates and feedback to employer on attendance, progression towards counselling goals and potential obstacles to success; Suspension with or without pay; Last Chance Agreement; Other resolution, up to and including termination; A meeting will be held, with the superintendent and/or supervisor, human resource services, health & wellness personnel, employee, and union representative. The determined course of action will be presented and discussed. An appropriate timeframe for improvement must be established. The SCDSB appreciates the legitimate attempts on the part of an employee to improve attendance. In recognition of the fact that this may be more challenging for some employees, the SCDSB may provide opportunities for employees to continue on modified work plans for extended periods of time, provided appropriate medical documentation which is satisfactory to the board, is provided.
Page 18 of 40 APPENDIX A-1 Disability Case management Disability Case Management CUPE 1/6/2014 Employee submits medical documentation to support a medical leave, or chronic illness Sufficient medical documentation? NO Pay at 66.67% B Additional medical request sent to employee for completion by doctor ATTENDANCE SUPPORT PROGRAM YES Employee advised leave/access to STLDP approved, and advised of next steps Additional medical documentation received NO YES Sufficient medical documentation? Pay at 90% 30/60/90 day (or as per medical documentation) follow-up, offer of return to work assistance Updated medical documentation received Continued medical leave Return to Step B NO Sufficient medical documentation? YES Return to Work with accommodations Return to Work full duties
Page 19 of 40 APPENDIX A-2
Page 20 of 40 APPENDIX A-2 Disability Case management Disability Case Management ETFO, OSSTF, AESP, OPSEU, P/VP 1/2/2014 Employee submits medical documentation to support a medical leave, or chronic illness Sufficient medical documentation? NO B Additional medical request sent to employee for completion by doctor YES Employee advised leave/access to STLDP approved, and advised of next steps Additional medical documentation received YES Sufficient medical documentation? NO ATTENDANCE SUPPORT PROGRAM Pay at 90% 30/60/90 day (or as per medical documentation) follow-up, offer of return to work assistance Updated medical documentation received Continued medical leave Return to Step B NO Sufficient medical documentation? YES Return to Work with accommodations Return to Work full duties
Page 21 of 40 APPENDIX A-3 Entry into Attendance Support Program Attendance Support Program 5/15/2015 ASP STEP 2 ASP STEP 3 ASP STEP 1 Step 1 meeting with employee and HR and union to discuss attendance concerns and set improvement goals Employee notified that they will remain at step 2 for another three (3) working months Measurable improvement seen but goals not met NO Employee notified that they are entering step 3 of the ASP (FORM A4030-7) Employee receives followup letter with goals and scheduled review meeting date Three (3) working months Step 1 follow-up - goals met? YES NO YES Employee notified that they have met goals and are exiting ASP Employee notified that they are entering step 2 of the ASP Step 2 Followup - goals met? Three (3) working months Employee receives follow-up letter with goals and scheduled review meeting date Meeting with employee, HR, union and/or supervisor to discuss reasons for not meeting step 1 goals and revise goals Superintendent, supervisor, Human Resources review employment and absence history to determine course of action Meeting with employee, supervisor and/or HR and union to discuss plan of action Three (3) working months Three (3) Measurable improvement working seen but goals months not met Employee notified that they have met goals and are exiting ASP YES Step 3 followup meeting - goals met? Employee notified that they will remain at step 1 for another three (3) working months Decision by Human Resources, Superintendent, principal/manager/ supervisor re: course of action with respect to employment status NO
1 Administrative Procedures Memorandum A4XXX Page 22 of 40 APPENDIX A-4 ASP Step 1 4/4/2013 Coaching Meeting Exit ASP. Document with Improved Attendance/Exit Letter Absence Threshold Exceeded, No supporting medical documentation Offer assistance Arrange for representation Discuss attendance and ask for reasons why the employee is absent so often (excluding diagnosis) Discuss impact of excessive absenteeism on organization Reinforce attendance expectations, attempt to identify issues that might prevent regular attendance Discuss with the employee any assistance and/or accommodation that the employer may be able to provide to the employee through various avenues, such as the EAP Request medical documentation, as required, including a prognosis for regular attendance in future Set attendance goals and objectives (co-operatively) Set review date in three (3) working months Document meeting using Step 1 Follow-up Letter Step 1 Review (Three (3) working months) Goals Met Goals NOT Met If measurable improvement has been seen, but goals not met, the employee may remain at Step 1 for additional three (3) working months. Document with Remain at Level letter Entry into Step 2. Document with Step 2 Entry Letter
Page 23 of 40 APPENDIX A-5
Page 24 of 40 APPENDIX A-6 ASP Step 3 5/15/2015 Meeting Exit ASP. Document with Improved Attendance/Exit Letter Step 2 Goals NOT Achieved Same as Steps 1 and 2, Plus: Superintendent, Supervisor and Human Resources review employment history determine course of action Possible courses of action may include: re-assignment, LTD, modified work reduction of contract assess for possible workplace accommodations Referral to counselling or other resources eg. EAP Monitored/ Mandated Referral Program, IME Suspension with or without pay Last Chance Agreement Other resolution, up to and including termination Timeframe for improvement must be established Document meeting using Step 3 Follow-up Letter Step 2 Review (Three (3) working months) Goals Met Goals NOT Met Discuss possible course of action with Superintendent, Human Resource Services
Numbers of Importance Administrative Procedures Page 24 of 24 APPENDIX A-7 Reporting Absences (SCARRI) 705-734-2645/705-729-3063 Reporting Work Related Injuries 705-734-6363, ext 11344 Modified Work/Accommodations (Non-Occupational) 705-734-6363, ext 11229/11402 (Occupational) 705-734-6363, ext 11344 Submission of medical documentation 705-728-2305 (Confidential FAX) Employee Assistance Program 1-800-387-4765 Workplace Safety and Insurance Board 1-800-387-0080 CUPE Local 1310 705-718-4446 SCETF 705-728-2888 OSSTF, District 17 705-726-1722 OPSEU, Local 330 705-739-7232
Page 26 of 40 APPENDIX B WORKPLACE ACCOMMODATION HANDBOOK
Page 27 of 40 APPENDIX B TERMS AND DEFINITIONS Accommodation is defined as an adaptation or adjustment to enable the employee with a disability to perform the essential duties of the job. The period of accommodation may be temporary or permanent, depending on the particular circumstances. Accommodation does not necessarily require that the essential duties of the job be changed to meet the needs of the employee. Non-essential duties which cannot be performed may be adjusted or reassigned. If an employee cannot perform the essential duties in his/her existing position, accommodation may be made in other positions. The board will consider the following factors in this process: seniority, availability, qualifications, and legislative or contractual obligations. The nature of accommodation varies depending on the duration of the accommodation request, the applicable legislation, and the specific needs of the individual. Guidelines include the following: Accommodation may include, but is not limited to, some or all of the following: Removing a physical barrier; Providing an assistive device, such as those related to hearing, vision, mobility, and speech; Modification of duties of the position; Re-assigning the employee to another position if he or she has the necessary qualifications, skills and abilities to perform the essential duties of the position; Reducing hours of work; Reduction of contract. Reasonable Accommodation: Both the Ontario Human Rights Commission and the Workplace Safety and Insurance Board (WSIB) view the board as a single employer, and the term reasonable accommodation is then interpreted in a manner consistent with the resources of the entire board. Therefore, both the employing work location and central administration of the board have a role in providing accommodation to employees with disabilities to the point of undue hardship. Reasonable accommodation does not require the board to create a new job; Reasonable accommodation does not require the board to remove essential duties of the job or to change the job such that it becomes a substantially different one; Reasonable accommodation is intended to assist the employee to meet performance standards. The disabled employee is entitled to an equal opportunity to perform the job in accordance with the same standards as expected of other employees; Reasonable accommodation respects the dignity of the disabled employee. However, the disabled employee seeking accommodation cannot necessarily expect a perfect solution. The Accommodation Plan is a documented, individualized plan which will: Assess and accommodate employees on an individual basis; Identify the accommodations to be provided; Include the duration for the provision of accommodations, as well as anticipated start, end and review dates; Include individualized workplace emergency information, where appropriate;