Is Our Absenteeism
Policy Unfair?
I feel my
employer is being unfair to the union body at our workplace. I work for a company with 500
union brothers and sisters and recently we opened up our contract to come up with a better
attendance control program. We did this because the one we previously had allowed each
individual one tardy up to two and a half hours, one missed day, and one early leave. We
now have a 10-point system which really is not all that bad but our employer will not even
accept one or two days off work even if given a work excuse by a licensed physician. I
feel it is unfair because if we have to miss three days of work it must follow under the
Family Medical Leave Act. Can my employer deny my one or two day doctor's note or not?
Signed,
Excuse Me!
Dear Excuse
Me:
You ask can your employer deny a doctor's excuse for being absent from work? I think
your company can do so if your union contract allows management to make such a
determination. Often the rules of what can and cannot be acceptable are not narrowly
drawn, and, therefore, management calls the shots. It is not until certain situations
arise, such as denial of a doctor's excuse for absence that in the next contract go-around
that more explicit policy is bargained for.
A family-friendly workplace makes allowances for employee absences and your union
should do its best to work out policies that recognize both employees' needs and your
company's need for a stable workforce. In the long run it is to your mutual advantage to
have a reasonable absenteeism policy. Being there in body and mind is the first and most
important rule for a productive employee and a profitable organization. I've attached an
extended discussion of reasonableness in how absences should be treated--from a government
policy statement:
- "Excessive absenteeism and turnover are expensive, disruptive, and place an unfair
burden upon other employees. An employer has the right to expect employees to be present
and ready for work when and where assigned. However, poor supervision, under-utilization
of skills, a lack of promotional opportunities and incentives, unfavorable working
conditions, and low wages are traditional factors contributing to absenteeism and
turnover."
- "The lowest absentee and turnover rates are found where management and labor work
closely together. Formal and clearly stated personnel policies that reflect this
cooperation contribute to lower rates. Employees should know what is expected of them and
what they can expect from management."
- "Maintaining a vigorous and stable workforce depends upon management recognition
and correction of unsatisfactory conditions. While absences may occur for legitimate
reasons such as sickness or important personal problems, false or unrealistic excuses
should be discovered, evaluated, and handled quickly. Left alone, a high rate of
absenteeism leads to low morale, tardiness, slowdowns, inferior work, accidents, and
eventual labor turnover."
- "Absenteeism is costly to employers in loss of production, forced substitution of
untrained workers, re-scheduling, and increased insurance rates and record keeping. Some
employers equate every one percent of absenteeism to one percent of lost profits. The best
time to stress the importance of attendance and punctuality is during the new employee's
orientation process."
- "Employees who will be late or absent should be expected to call as far in advance
of starting time as possible, to state why they will be absent and when they will return
to work. The employee is responsible for notifying the supervisor personally except in
extreme emergency."
- "When an employee returns to work, the supervisor should acknowledge the absence.
Even a simple statement such as 'Glad you're back, we really missed you,' accomplishes two
things. It lets employees know you depend on them and helps eliminate 'spring fever'
absences. By consistently making contact with employees returning from absences, there is
less chance of 'harassment' complaints, and employees then have an opportunity to discuss
problems or concerns with supervisors."
- "Excessive absence, excused or unexcused, is grounds for dismissal if it disrupts
business or results in unreliable job performance. Supervisors should discuss all absences
with employees upon their return. Written warning should be given prior to discharge when
possible."
- "Remember: Records of absences or tardiness and written warnings may be used in a
grievance or arbitration hearing."
- "Distributing an employee handbook is a good way of familiarizing all employees
with the company rules and regulations. To emphasize the binding legal nature of such
rules, employees should be given a written copy of the critical regulations for their
signature. Placing the signed copy in their personnel file avoids misunderstanding later
if serious infractions occur."
- "An employer can disapprove of the job or the product but still approve of the
person. Efforts to correct the fault will be far more productive than attempts to lay the
blame on someone. When it becomes necessary to seriously correct an employee, there is
both a time and place for it. The wrong moment would be when an employee is in front of a
group of coworkers or customers. The temper or mood exhibited will greatly affect the
results of the correction offered."
- "Unless an offense is so great that the employee must be immediately dismissed, and
unless the employee is aware that committing a particular offense is cause for immediate
dismissal, a warning should be allowed and the employee given another chance. Later in
this chapter, examples of personnel rules and suggested disciplinary steps for infractions
are discussed. "Praise in public, criticism in private" is a good rule for
supervisors to follow."
- " When a supervisor speaks with an employee about any type of unsatisfactory work
or behavior, a documentation of the discussion should be made for the personnel file.
Continued unsatisfactory work should result in a letter of warning.
- " If the employee has disobeyed one of the specified company rules, a written
warning should be issued. The offense should be listed along with the observer's remarks
about the incident. The employee should be given space and time to respond. Whether or not
the employee agrees with the warning, a signature should be required, with a clear
understanding that the employee only acknowledges receipt."
- " If a written notice is required by a union contract, a copy should be sent to the
union, via certified mail, with a return receipt requested. The employee should be
provided a copy as required. Sometimes, in order to preserve the employment of a basically
good worker, an employee may be given a suspension for violations of rules. Usually the
length of suspension varies with the seriousness of the offense and the number of times it
is repeated. Basic rules for suspensions should be stipulated at the same time that the
company rules are distributed."
- "Rather than write a policy for every rule that requires enforcement, a description
of the common types of misconduct and the appropriate disciplinary action is enough in
most cases. Arbitrators have ruled in favor of many employees when the company could not
prove that a rule or regulation was adequately explained. These suggested policy
statements on discipline provide a starting point: Employees who violate company rules
shall be disciplined equally. Company rules and regulations are printed in the employee
handbook and distributed to all employees. Every effort is made to explain company rules
to all employees. Violation of company rules will result in progressive disciplinary
action as follows: Employee counseling or oral reprimand. Written reprimand. Suspension.
Final written warning. Discharge."
I hope the above rather lengthy information provides you a way of thinking through the
kind of absenteeism policy that is in the interest of all those stakeholders of your
workplace: employees and their families, management, shareholders, and customers.
WEGO seeks to make rules that are reasonable and profitable.
--Bill Gorden
