In a previous post found here we considered the basic requirements for an Attendance or Absenteeism Management Plan. This post looks at two key and vexing issues in particular.
1. Disabled employees – an AMP must not:
(a) put their employment in jeopardy solely on the basis of absences due to disability,
(b) automatically or arbitrarily impose disciplinary consequences for a failure to meet attendance expectations that are based on average employee absenteeism, or
(c) make them considered for termination as a result of non-disability
absences at an earlier time than employees without disabilities.
2. Medical information … Continue Reading
Whether you call it an Attendance or an Absenteeism Management Plan, or anything else you may come up with, there are a number of legal requirements to meet. This week we look at some of the basics. Next week, we will look at the issues of dealing with disabled employees and getting medical information.
An AMP must be carefully crafted with a clear understanding of the legal rights of employers and of absent employees. It must be consistent with the collective agreement in a unionized workplace. Those who administer the AMP must be well trained. From the outset, … Continue Reading
Procedure is very important in the duty to accommodate, but there is no independent procedural duty that an employer must meet. That was the recent ruling of the B.C. Supreme Court in answer to a Human Rights Tribunal decision to the contrary.
The court rejected the holding of the B.C. Human Rights Tribunal that an employer could be liable for not treating an employee “fairly, and with due respect for his dignity, throughout the accommodation process” regardless of the outcome of the substantive inquiry. The court was clear: Both the procedure of the accommodation efforts and the final results are … Continue Reading