Supporting Learning through Employee Health and Well-Being. Attendance Awareness and Support Program Toolkit

Transcription

1 Supporting Learning through Employee Health and Well-Being Attendance Awareness and Support Program Toolkit

2 Table of Contents 1. About this Toolkit... 3 Why Attendance Support?... 3 How to Use This Toolkit... 4 Glossary of Terms Purpose and Scope of Attendance Awareness and Support Program... 7 Attendance Awareness and Support One Pillar of an Integrated Approach to Wellness... 7 The Scope of the Program... 8 Outside the Scope of the Program Privacy Specialized Medical Support Roles and Responsibilities Employees Managers/Supervisors Human Resources and Labour Relations Unions How the Program Works Stage One Complete a Readiness Audit Stage Two Complete a Data Review Stage Three Have a Conversation A. Informal Conversations between Employee and Supervisor B. Formal Support Sessions Facilitated by Human Resources C. Development of an Attendance Action Plan D. Pursue Further Interventions if Needed Dismissing an Employee for Non-Culpable Absenteeism Recognizing an Employee s Attendance Efforts Workplace Wellness Initiatives Why Wellness? Foundational Elements of a Wellness Program District Support for Wellness Initiatives Disability Management Is There a Disability? A. Duty to Inquire Attendance Awareness and Support Program Page 1

3 B. Duty to Accommodate C. Understanding Undue Hardship Appendix A Readiness Audit and Needs Assessment Tool A. Purpose B. How to Complete the Needs Assessment Appendix B Guidelines for Managing Employee Medical Information (in Compliance with the Freedom of Information and Protection of Privacy Act) A. Introduction B. Collection of Employee Medical Information C. Employee Consent D. Use of Employee Medical Information E. Disclosure of Employee Medical Information F. Investigation and Management of Benefit Claims G. Protection of Employee Medical Information H. Retention of Employee Medical Information I. Accuracy of Employee Medical Information J. Employee Access to Medical Information K. Safety Exception to Access Appendix C District and External Resources A. School District and External Resources Appendix D Informal Conversations A. Key Messages B. Suggested responses to common questions C. Record of Informal Attendance Support Conversation Appendix E Formal Attendance Support Meetings A. Key Messages B. Formal Attendance Support Letter Appendix F Attendance Action Plan A. Key Messages B. Attendance Action Plan Letter and Attachment C. Attendance Action Plan Appendix G Recognizing Attendance Efforts A. Key Messages Appendix H Types of Accommodation and Adaptations A. Motor or Physical Restrictions Appendix I Critical Elements Attendance Awareness and Support Program Page 2

4 1. About this Toolkit This Attendance Awareness and Support Program Toolkit provides school districts with a framework program they can use to help employees to regularly and consistently attend work. This Toolkit is based on best practices and recent case law. Why Attendance Support? School districts depend on employees contributing their knowledge and skills at work regularly and consistently to create positive and effective learning environments for students. The main goal of attendance support is to create more positive, productive work and learning environments for employees and students by assisting employees who may need support to optimize their health, wellness and ability to attend work. Improving employee continuity has a direct impact on positive student learning, productivity and employee morale. Improved employee wellness also provides school districts with a unique opportunity to reduce operating costs without reducing staff and educational programs or closing facilities. The direct and indirect costs of absenteeism in the K-12 sector are outlined in the 2012 Deloitte Report. [1] Other impacts include: a compromised learning environment for students additional costs for replacement staffing, including overtime and increased administrative time to secure replacement employees or re-assign work decreases in productivity due to increased workload on team, demands of supporting new or replacement staff, and lower staff morale increases in premiums for insured plans and higher costs for self-insured income protection plans. To be clear, an attendance awareness and support program is not just about cost savings. It is a consistent approach to help employees who may need additional resources or support to maximize their wellness and ability to attend work. [1] Deloitte & Touche LLP, British Columbia Ministry of Education and School Districts Service Delivery Transformation Final Report (August 24, 2012). Attendance Awareness and Support Program Page 3

5 How to Use This Toolkit This Toolkit has been developed to: provide school districts with common policies and procedures based on best practice guidelines to support employee attendance enable school districts to take advantage of the opportunity to improve employees quality of life and reduce both the impact of absenteeism on the learning community and the costs associated with high absenteeism. We suggest that you read through this Toolkit to understand the many elements that contribute to a successful Attendance Awareness and Support Program. There are numerous aspects to consider, including privacy issues and the roles and responsibilities of employees, supervisors and unions. Attendance support is one key component of an integrated approach to wellness, which also includes wellness initiatives and a disability management process. This Toolkit explains the connections between these three pillars of wellness and describes how each pillar supports the others. The Toolkit provides practical guidelines you can follow as you develop and implement your district s Attendance Awareness and Support Program. The Readiness Audit and Needs Assessment Tool, included in Appendix A, is a good place to start to understand what programs and policies are already in place in your district and to identify your next steps in implementing a program. You ll also find templates for letters and forms in the appendices, and we encourage you to customize and use these forms. Best practices and requirements for a fair, legal, effective Attendance Awareness and Support Program are highlighted as Critical Elements in the Toolkit. These are also summarized in Appendix I. There are also components of the Toolkit that each district should customize for its employee groups, as well as tips to promote the best outcomes. These are highlighted as Flexible Steps. The Attendance Awareness and Support Program Toolkit is not legal advice. It is a framework that provides guidance to school district Human Resources professionals on how to design and administer an attendance program. It does not replace specific advice from your District Liaison or legal counsel. Attendance Awareness and Support Program Page 4

6 Flexibility is a Critical Element of every attendance support program. Courts and arbitrators have consistently held that every individual situation must be addressed on its own merits, taking into account all of the relevant information. While it is important to have a structured and consistent framework, care must be taken to avoid over-reliance on scripted templates and pre-determined steps. For each school district, the following factors taken together will determine the success of an Attendance Awareness and Support Program, and ultimately determine legal compliance: the extent to which each school district makes employee health and wellness a priority in the workplace the efficacy of the school district s existing disability management processes how each school district tailors the Toolkit to its particular philosophy and employee groups whether the program is applied with attention to the unique circumstances of each individual, avoiding mechanistic or formulaic decisions how each school district collects, analyzes and shares its attendance data and identifies the employees who will participate in the program the attention paid by each school district to change management issues, including communications surrounding the program, and support for managers who are required to engage their employees in conversations around wellness how consistently, fairly and respectfully the attendance program is applied and administered Glossary of Terms Term or Acronym Critical Elements Culpable absence EFAP Flexible Steps Definition The mandatory requirements for a legally defensible attendance support program. Critical Elements are summarized in Appendix I. An absence that is the result of blameworthy or wilful conduct by an employee, such as taking an unauthorized leave, using sick leave when able to work (not ill or injured), or being late without a legitimate excuse. A culpable absence must be addressed outside the Attendance Awareness and Support Program through a progressive discipline process. Employee and Family Assistance Program The steps or optional elements of an attendance support program that can be adapted by each school district. Attendance Awareness and Support Program Page 5

7 Incidental absence JEIS Non-culpable absence A non-culpable absence for reasons of illness or injury that is not related to an approved and supported disability leave claim, a statutory leave or nonillness-related leave. Incidental absences consist of the following: sick time (paid) sick time (unpaid) medical appointment leave (if in collective agreement or employment agreement) family illness leave in excess of statutory family responsibility or compassionate care leaves under the Employment Standards Act (if in collective agreement or employment agreement) Incidental absences do not include approved: periods of absence under short-term disability plans periods of absence due to workers compensation claims long-term disability leaves vacation or other leaves not related to illness leaves under the Employment Standards Act Joint Early Intervention Service An absence that occurs for reasons that are not within the employee s control, such as an illness, injury, disability or family emergency that renders the employee unable to work. Attendance Awareness and Support Program Page 6

8 2. Purpose and Scope of Attendance Awareness and Support Program School districts recognize that there may be times when employees have an illness or injury that prevents them from attending work. An effective attendance support program is supportive and directed at maximizing employee well-being and engagement at work, and raising awareness of the impact of absenteeism on students and districts. The purpose of an Attendance Awareness and Support Program is to: promote regular and consistent attendance at work in an atmosphere of mutual respect, fairness and concern create a consistent framework for school districts to connect with, and support, employees who may be experiencing difficulties that negatively affect their attendance. Attendance Awareness and Support One Pillar of an Integrated Approach to Wellness A successful attendance support and wellness program involves a multi-faceted and integrated approach to support employees through the three pillars of attendance support, wellness initiatives and disability management. These three areas are interrelated and overlap at times. Attendance awareness and support is the promotion and monitoring of regular attendance at work, and is a means to identify and address incidental absenteeism through informal and formal discussions and communications with employees with comparatively high rates of absenteeism Wellness initiatives promote health and well-being in and outside the workplace to ensure that employees have the resources and assistance they need to be successful and engaged at work Disability management is the management of medically documented and identified disabilities, including short- and long-term disability and workers compensation claims. Attendance Awareness and Support Program Page 7

9 The focus of this Toolkit is on the first pillar described above attendance awareness and support. The Toolkit provides basic information about wellness initiatives and disability management in sections 6 and 7 below, but it is a Critical Element that districts must have effective wellness initiatives and disability management processes in place before implementing an attendance support program. The Scope of the Program The Attendance Awareness and Support Program supports employees who display patterns of non-culpable, incidental absenteeism. This is a special term, the elements of which are defined above, which we have created to describe employees whose sick leave usage is high but who are not being supported through an existing disability management program or other process. The general focus of the Attendance Awareness and Support Program is to support employee wellness and raise awareness of attendance levels and their impact on students and districts through a consistent but individualized series of conversations and communications. Some employees are not included in the Attendance Awareness and Support Program. These are employees who are absent because of: an approved workers compensation claim short-term or long-term disability claims approved accommodation or gradual return to work statutory or other leave not related to illness. Initiating conversations with these employees about attendance would duplicate or potentially interfere with existing supportive processes. Attendance Awareness and Support Program Page 8

10 School districts may take further steps to support attendance, in accordance with applicable law and any collective or employment agreement, if other interventions under the Attendance Awareness and Support Program are not effective. For example, even if an employee s absences are non-culpable, the employee may still have a responsibility to take reasonable steps to treat and manage his or her condition. Failure to take these steps (e.g., failing to follow a recommended treatment plan or to take prescribed medication) may constitute culpable misconduct even though the underlying illness is nonculpable. Outside the Scope of the Program The Attendance Awareness and Support Program is not disciplinary or punitive. It is not intended to diminish the provisions of the collective agreement, or to influence employees to attend work when they are not able to do so because of illness or disability. As described Attendance Awareness and Support Program Page 9

11 above, employees who are absent because of an approved workers compensation claim, shortterm or long-term disability claims, approved accommodation or gradual return to work, or statutory or other leave not related to illness are not included in the Attendance Awareness and Support Program. This program is also not intended to force employees to disclose information regarding their personal lives or medical conditions beyond the information that districts are entitled to under applicable laws. Culpable Absences The Attendance Support and Awareness Program is also not designed to identify or address culpable absences. Culpable absences occur when an employee is absent for reasons within their control or without a valid or acceptable reason. Examples of culpable absences are when an employee: does not report to work and is not on an approved leave fails to notify the employer in advance of an absence makes fraudulent use of sick time. Culpable absences will be addressed outside of the Attendance Awareness and Support Program by Labour Relations and Human Resources, in accordance with the applicable employment or collective agreement. Attendance Awareness and Support Program Page 10

12 3. Privacy Medical information is extremely personal and sensitive. As outlined in this section of the Toolkit, it is a Critical Element of an attendance support program that a person s medical and other personal information be kept strictly confidential, and must only be collected, used and disclosed in accordance with privacy legislation and best practices. School districts are governed by the Freedom of Information and Protection of Privacy Act ( FOIPPA ) in how they collect, use and disclose employees personal information. In addition, labour arbitrators have long recognized that employers must respect employees rights to privacy in the workplace. Collective or employment agreements may also contain specific restrictions on the school district s ability to collect, use and disclose employees personal information. The school district must establish clear procedures and forms for collecting general functional and prognostic information. Districts must also specify when and how information will be used and disclosed to service providers (including BCPSEA or external third-party health practitioners). The school district should ensure that managers, supervisors and Human Resources are adequately trained on the requirements of FOIPPA and know how to protect personal information. The district should also ensure that staff know what to do when they receive confidential medical information, and what specific steps they should immediately take to address possible breaches of confidentiality. Draft guidelines are provided in Appendix B. The scope of information that a district may reasonably require will vary depending on the nature and length of the employee s leave and other relevant factors. The scope of information that districts may collect from an employee in order to approve a disability-related leave of absence at the initial stage has been arbitrated in a so-called trilogy of arbitration decisions. 1 Generally, this trilogy confirms that, at the initial stage of a medical leave of absence request, districts may request information about the general nature of the medical condition requiring leave, including: 1 BC Public School Employers Association and B.C.T.F., [2000] B.C.C.A.A.A. No. 219 (Munroe); BC Public School Employers Association/School District No. 5 and No. 59 and B.C.T.F., [2002] B.C.C.A.A.A. No. 168 (Korbin) and BC Public School Employers Association and B.C.T.F., [2004] B.C.C.A.A.A. No. 177 (Taylor); Surrey School District No. 36 and C.U.P.E., Local 728, [2006] B.C.C.A.A.A. No. 47 (Lanyon). Attendance Awareness and Support Program Page 11

13 confirmation that the employee is following a course of treatment and that medical followups are scheduled the dates of examinations an estimated return to work any required accommodations whether the employee has been referred to medical specialists. Arbitrators have also recognized that districts may be entitled to different or additional information, depending on the circumstances of the case. Districts should ensure they are familiar with the applicable law when collecting employee personal information under the Attendance Awareness and Support Program and should contact BCPSEA and/or legal counsel for assistance as appropriate. Specialized Medical Support When administering an attendance support or disability management program, districts may need assistance from medical professionals to request and evaluate information which is needed to accommodate an employee with a disability. In order for school districts to maintain confidentiality, respect and objectivity while supporting employee health, specialized medical support may be required in certain cases. Third-party medical support may be engaged through BCPSEA or an external service provider. Third-party service providers must abide by privacy legislation and best practices for protecting personal information. Depending on the circumstances of the case, they may provide the following information to the district: dates related to the onset of an employee s illness or injury and any expected prognosis (future date) for recovery and/or return to work timing confirmation of the presence and general nature of a medical condition, how it impacts an employee s functional ability to perform the essential duties of his/her job, and/or modified work available clarity on the employee s functional abilities (both physical and cognitive) and any existing limitations and restrictions expected duration of the limitations and restrictions, including whether these restrictions are permanent in nature whether the employee is participating in a recommended treatment plan and/or other recommendations of his/her treating medical professional Attendance Awareness and Support Program Page 12

14 any non-medical factors to consider that may be hindering work return or that can be considered to facilitate return to work. Districts are encouraged to contact BCPSEA and/or legal counsel for further assistance on collecting employee personal information in accordance with applicable law. Attendance Awareness and Support Program Page 13

15 4. Roles and Responsibilities All members of the workplace are responsible for supporting the school district s objective of making student learning the priority and have responsibilities under the Attendance Awareness and Support Program. Employees Employees are expected to: attend work regularly and consistently report all absences and workers compensation injuries/illnesses accurately and promptly, in accordance with any applicable law, agreement and policy, and provide sufficient information for the school district to approve and manage absences take reasonable measures to maintain good health, and to seek assessment, treatment or support when needed to ensure they are healthy and able to attend work regularly actively communicate a need for support, and provide relevant information to the school district to facilitate an accommodation process attend to personal issues and routine or non-emergency appointments outside of working hours whenever possible Managers/Supervisors Managers and supervisors are responsible for: understanding and leading the Attendance Awareness and Support Program modelling regular and consistent attendance at work ensuring the workplace is safe and compliant with health and safety laws and policy ensuring that absences are recorded accurately and promptly consistently and regularly communicating the school district s expectations for employees under the Attendance Awareness and Support Program making sure employees are aware of the resources available to them for wellness and disability management, as well as the available leaves reviewing employees attendance regularly, and following up in a sensitive and supportive manner with employees who may be having difficulty attending work regularly ensuring that conversations with employees are not formulaic or overly scripted, and are responsive to the circumstances and needs of each individual employee Attendance Awareness and Support Program Page 14

16 ensuring that personal information and confidentiality are respected in accordance with applicable law, policies and any collective or employment agreement partnering with Human Resources and Labour Relations to ensure the consistent and fair application of the Attendance Awareness and Support Program and accommodation of disabilities or other grounds protected by human rights law. Human Resources and Labour Relations Human Resources and Labour Relations are responsible for: guiding and acting as a resource for employees and supervisors/managers regarding wellness initiatives, disability management (including the duty to accommodate) and the Attendance Awareness and Support Program ensuring the workplace is safe and compliant with health and safety laws and policy communicating with employees about their responsibilities under the program and the supports and resources available to them training and supporting supervisors and managers on their responsibilities under the program, and ensuring the Attendance Awareness and Support Program is applied in a consistent, fair and respectful way that responds to the unique needs and circumstances of individual employees monitoring employee attendance and ensuring that attendance data is appropriately gathered, reviewed, analyzed and protected in accordance with the program facilitating or leading formal sessions and further interventions under the Attendance Awareness and Support Program Unions Unions are an important resource and support for employees, and unions are encouraged to provide support to employees who are identified by the Attendance Awareness and Support Program by: ensuring employees are treated fairly, consistently and with respect at all steps of the Attendance Awareness and Support Program providing advice and support to members collaborating with Human Resources to seek support for employees when needed and/or on efforts to improve employees health, wellness and attendance. Attendance Awareness and Support Program Page 15

17 5. How the Program Works Through the Attendance Awareness and Support Program, school districts will proactively and consistently support employee wellness and attendance by: 1. Recognizing and raising awareness of the importance and expectation of regular and consistent attendance at work. 2. Keeping accurate records of employees attendance. 3. Using proactive, sensitive and individualized conversations to support employees who may be facing challenges that affect their attendance. 4. Taking steps to help those who are having difficulty maintaining regular and consistent attendance through actions that include but are not limited to: a. providing informal or formal support from supervisors, managers, unions and Human Resources b. ensuring employees have access to, and awareness of, resources and programs, such as employee assistance programs and wellness initiatives c. identifying and implementing required accommodations for employees with disabilities d. taking any other appropriate steps to support and improve attendance within the school district. This may include referral to Human Resources and/or Labour Relations when attendance issues are within an employee s control. Respectful conversations are the foundation of the Attendance Awareness and Support Program. This requires a commitment to staying open-minded, respecting confidentiality and accepting personal responsibility. Each conversation is an opportunity for the supervisor to express genuine concern for the employee s well-being and determine if there is anything the school district can do to support the employee. While the need for flexibility, confidentiality, fairness and consistency are Critical Elements in the attendance support process, the recommended series of steps below are Flexible Steps and can be customized by the school district according to the work environment, organizational culture or as appropriate in individual cases. Attendance Awareness and Support Program Page 16

18 Stage One Complete a Readiness Audit School districts should have certain systems and processes in place to effectively implement and sustain an attendance support program. Before implementing the attendance support pillar of the attendance support and wellness program, the school district should conduct an audit of its existing wellness initiatives, disability management programs and data collection capacity (see Readiness Audit and Needs Assessment Tool in Appendix A). Critical Elements are identified in the Readiness Audit and Needs Assessment Tool, including ensuring the attendance support process developed by the school district is clear, communicated to all employees in advance of being implemented and consistent with the applicable collective agreement(s). Stage Two Complete a Data Review The Attendance Awareness and Support Program must accurately identify employees who may need additional support to attend work regularly. This must be done objectively and consistently based on accurate data. The four steps in the Data Review Phase are described in detail below: 1 Collecting and reviewing data 2 Identifying employees with high rates of incidental absenteeism 3 Reviewing and considering individual circumstances 4 Preparing to meet with employees. Step 1: Collecting and Reviewing Data School districts must have systems in place to ensure all employees report all absences correctly. Data-entry codes must be entered correctly to ensure each absence is appropriately categorized. Each collective agreement or employment agreement may have unique language as to what types of leave are available, who authorizes a leave and what pay codes should be used. Employees also need to be informed about the types of absences that are included to calculate their average attendance rate and the district s process for reviewing employees attendance data (for example, who is responsible/involved and is the review done quarterly/monthly). Attendance Awareness and Support Program Page 17

19 Collect Baseline Data In order to implement an effective attendance support program, districts must collect the full range of data needed to understand attendance patterns. To do so, the school district must collect the following baseline data: average number of absences (per employee) by category (e.g., paid sick leave, unpaid sick leave, workers compensation claim, short-term disability, long-term disability) by union or employee group ( peer group ) specifically, teacher, support staff and exempt by job classification by location optional: by age, or other demographic, or day of the week average number of incidental absences (could be grouped into 1-3 day and 3-5 day groupings) by category, peer group, job classification optional: by location Examine Attendance Patterns and Their Impact To be able to look deeper into attendance patterns, school districts should collect data on the following: monthly patterns average duration of absences (per employee) by category whether the absence was covered by a replacement employee (and if so, how many replacement employees were required per absence) how many absence days were not covered by a replacement employee replacement costs (if employees have no sick time available to them, in most cases there is still a financial cost for a replacement worker) benefit premiums Attendance Awareness and Support Program Page 18

20 Review External Health and Wellness Data School districts should take advantage of available resources to identify areas where wellness initiatives are most effective and evaluate the success of wellness initiatives. School districts are able to obtain and review: extended health benefit utilization and claims data from benefits provider(s) statistics related to employee usage of the Employee and Family Assistance Program from benefits provider(s) local priorities established by regional public health departments Step 2: Identifying Employees with High or Unusual Rates of Incidental Absenteeism School districts will review the above data to identify employees with high incidental, nonculpable absenteeism who may need the support of the Attendance Awareness and Support Program. It is a Critical Element that the attendance data collected at the review stage include all incidental absences: sick time (paid) sick time (unpaid) medical appointment leave (if in collective agreement or employment agreement) family illness leave in excess of unpaid statutory family responsibility or compassionate care leaves under the Employment Standards Act (if in collective agreement or employment agreement) Incidental absences do not include the following: approved long-term disability leaves approved periods of absence under short-term disability plans approved periods of absence due to workers compensation claims approved vacation or other leaves not related to illness leaves under the Employment Standards Act Using the above organizational attendance data, the school district should identify the employees within each peer group who are in the top 95 th percentile in terms of days absent over a rolling 12-month period, considering: peer group norms department/position averages Attendance Awareness and Support Program Page 19

21 number and frequency of occurrences or incidents average number of days per occurrence any other relevant patterns Depending on a district s resources and needs, districts may consider reviewing employees within the top 90 th percentile of days absent. Ideally, attendance data should be analyzed over a 12-month period to generate average attendance rates. A longer review period may be necessary to see whether the employee s longer-term pattern of attendance suggests that the employee is in need of support. If a district identifies a unique pattern of high absenteeism at a particular location, it should engage its Human Resources or health and safety resources to determine whether there is a health and safety or other workplace issue that may need to be addressed. Step 3: Reviewing and Considering Individual Circumstances Consistency, judgment and discretion are Critical Elements of a fair, legally defensible attendance support program. A key person or team within Human Resources is responsible for regularly reviewing attendance data to identify employees who are in the 95 th (or, if needed, 90 th ) percentile of days absent, or employees whose absences show an unusual pattern. Each person s attendance pattern tells a story. Even if an employee has relatively high absenteeism based on the above data, this does not mean there is an attendance issue that should be addressed through the Attendance Awareness and Support Program. The goal of the attendance support process is to offer support to those employees who may be experiencing challenges with non-culpable, incidental absenteeism and may need additional assistance to attend work regularly and consistently. This stage of the process focuses on two key questions: does the district know the story behind an employee s attendance pattern? and given the employee s unique circumstances, is it fair and reasonable to involve the employee in the attendance support process at the current time or would another process better suit his/her situation? Attendance Awareness and Support Program Page 20

22 Figure 1 Attendance Awareness and Support Program Page 21

23 It is a Critical Element that Human Resources must consider each employee s unique circumstances in consultation with the employee s supervisor to determine whether it is reasonable and appropriate to meet with the employee about his/her attendance. The following process, summarized in Figure 1 Attendance Support Process Overview, is meant to guide districts through the review phase of attendance support, but should not be followed mechanically or without due regard for individual circumstances. Human Resources will refer an employee to the attendance support process if the employee has a pattern or frequency of absences that suggests he or she may be experiencing challenges with non-culpable, incidental absenteeism and referral is appropriate to support the employee s attendance and wellness in the circumstances. This could happen, for example, if the employee has a pattern of high absenteeism compared to his/her peer group, but the district does not know the story behind the attendance pattern and/or the employee is not currently being supported by another process (such as a disability management program). Human Resources may decide not to refer the employee to the attendance support process even though the data shows a historical pattern of high absenteeism if there are reasons to believe that this pattern will not continue in the future. For example, an employee s high absenteeism in a period of time may be due to a known, unique situation such as a serious illness, accident or injury requiring time off work; a workrelated injury or illness; adjusting to new medication; or a regularly scheduled treatment. An employee with a known condition may have been accommodated in a manner that is expected to resolve or decrease their usage of sick leave, or may be involved in a disability management process or program, or a graduated return to work program. In these circumstances, referral to the attendance support process would serve little purpose, and should not occur. Instead, Human Resources may: o choose not to refer an employee to the Attendance Awareness and Support Program, or choose to review the employee s attendance without immediate referral, as when the employee has an extended absence or a known condition where elevated absenteeism is expected to continue for a known period of time; or o refer the employee to a disability management process outside the attendance awareness and support program, such as JEIS or the BCTF Health and Wellness Program. For example, a support employee may be referred to JEIS when he/she is absent from work (even for less than six days) and where the school district has reason to believe his/her absenteeism may be related to a health condition. Attendance Awareness and Support Program Page 22

24 If an employee s attendance record shows a mix of absence days related to known, unique circumstances like those described above and absence days unrelated to a known circumstance or disability claim, the absences related to the former should be removed from the employee s attendance rate to see whether the employee s absenteeism remains high and warrants referral to the attendance support process. If an employee s pattern of absenteeism may be contributed to by workplace factors that need to be addressed, Human Resources may choose to first engage the district s wellness or health and safety resources rather than immediately referring the employee to the attendance support process. If an employee s pattern of absenteeism suggests culpable absenteeism, Human Resources should investigate in accordance with its usual human resources or labour relations process, rather than referring the employee to the attendance support process. To ensure consistency, it is a Critical Element that Human Resources note in its records the reason why an employee s pattern of high absenteeism is not suitable to be addressed through the attendance support process. The same team within Human Resources should review all cases to ensure that the decisions at the review stage are consistent. After the review phase, Human Resources will advise supervisors which employees will be involved in the Attendance Awareness and Support Program. The first action after an employee is referred to the Attendance Awareness and Support Program is for the employee s supervisor to have a supportive, informal conversation with the employee. Human Resources may suggest that a person other than the employee s direct supervisor (such as a Vice-Principal) should have the conversation with the employee if the relationship between the two is new or strained or if there is other reason to believe the employee may not be comfortable having the initial conversation with his/her direct supervisor. Human Resources will follow up with supervisors at the next review meeting to confirm that the supervisors have met with their employees and that any required follow-ups have been made. Some districts, after consultation with their local unions, have decided to insert an alternative first step in their standard attendance support process instead of proceeding directly to the conversation phase. In these districts, employees who are approaching the top percentile of high absenteeism and would otherwise proceed to the conversation phase of the attendance support process are first provided with a resource package that includes information about the attendance support process and the resources available Attendance Awareness and Support Program Page 23

25 within the district or through their union to support their health and wellness. It is a Flexible Step as to whether a district determines it to be appropriate to include this alternative first step in its attendance support program, after consultations with internal and external stakeholders. Step 4: Preparing to Meet with Employees Supervisors should prepare for each meeting to allow for an effective, open conversation about the employee s attendance and to be able to offer appropriate support to the employee. Supervisors should make sure they understand the attendance support process and the resources available to employees, including the school district s disability management procedures and wellness initiative resources. School districts should be able to provide employees with an easily understandable summary of their absences and any patterns of absenteeism, and this information should be shared with employees in a sensitive and confidential manner. A visual representation is the most powerful way to communicate this data, such as a colour-coded monthly calendar showing days of attendance and various types of absence over the last 12-month period or other reasonable time frame. The summary should also communicate: the average absenteeism rate for the employee s peer group the employee s average absenteeism rate the total number of absence days the total number of occurrences how the employee compares with his or her peers, e.g., >95th percentile, 99th percentile To demonstrate the impact of an individual s absenteeism, school districts may show the number of replacement workers (e.g., the number of different TTOCs or EAs on call that were dispatched for an individual s classroom) and/or any number of days in which a replacement could not be obtained. The number of different replacements may reflect the impact of the employee s absence on the students and educational program. For example: Peer group average 6.9 Sum of your absences* 41 FTE (effective date) 1.0 How you compare to your peers >95 th percentile Attendance Awareness and Support Program Page 24

26 Reporting Period Attendance Data # of occurrences # of different TTOCs September 4 4 October 3 1 November 5 4 December 7 7 January 2 1 February 6 6 March 7 5 April 2 1 May 4 3 June 1 1 Supervisors should be encouraged to work closely with Human Resources to prepare for the meeting, including attending refresher training or accessing other resources as outlined in Appendix C. Attendance Awareness and Support Program Page 25

27 Stage Three Have a Conversation The Attendance Awareness and Support Program involves a series of supportive conversations between the district and employee to raise awareness about the importance and expectation of regular attendance and to find out what the school district can do to support the employee. The following steps, described in detail below and in Figure 2 Attendance Awareness and Support Program, are intended to provide a standard framework for an attendance support program. However, the number and timing of meetings and steps should not progress in a lockstep or pre-determined manner, and will depend on the district s own program and the unique circumstances of each case: A. Information conversation(s) between the employee and his/her supervisor B. Formal support sessions facilitated by Human Resources C. Development of an Attendance Action Plan D. Further interventions as necessary Attendance Awareness and Support Program Page 26

28 Figure 2 Attendance Awareness and Support Program Page 27

29 In all conversations and support meetings: While the conversations are non-disciplinary, if the employee is represented by a union, the employee may request the option of union support and representation. The employee should be given the opportunity to review and confirm the accuracy of his/her attendance record. A supervisor should not probe or inquire into an employee s personal or medical circumstances, and should make it clear at the outset of the meeting that employees are not required to share their personal or medical information with the supervisor. The employee may prefer to discuss his or her personal or medical information with someone from Human Resources or from Wellness or Safety, and this request should be accommodated. The supervisor will work with the employee and the district s Human Resources team, as appropriate, to identify possible supports. These may include referral to a disability management process (see Section 7) or wellness resources (see Section 6). If an employee s absences are not related to health or other issues outside of his/her control, Human Resources should be involved to address culpable absences through progressive discipline. A. Informal Conversations between Employee and Supervisor If Human Resources refers an employee to the Attendance Awareness and Support Program, the employee s supervisor will meet with the employee for an informal conversation. A template guide for how to prepare for and have these conversations is included in Appendix D. To the extent permitted by any applicable agreement, the supervisor will record the date, key points and any follow-up actions arising from the conversations. Supervisors will ensure the records are filed in the employee s confidential personnel file, and will discuss the conversation with Human Resources as necessary. If a record is kept, it must not include any confidential personal or medical information of the employee. A template form is included in Appendix D. Following Up Supervisors will hold a follow-up conversation with employees approximately three months after the first conversation or at another identified interval appropriate given the employee s individual circumstances. This follow-up conversation is a supportive discussion about whether the employee s attendance has improved and whether any identified supports have been effective in addressing the employee s attendance challenges. Attendance Awareness and Support Program Page 28

30 If the employee s attendance has improved, there may be no need for further action at this time. However, if the employee has continued to struggle with attendance, the supervisor will contact Human Resources, who will work with the supervisor to decide whether to refer the employee to more formal attendance support sessions led by Human Resources or to other resources such as a disability management program. B. Formal Support Sessions Facilitated by Human Resources If an employee continues to have high levels of incidental absenteeism, and is not being supported through a disability management program, Human Resources will refer the employee to a more formal attendance support meeting. Formal support meetings should be scheduled at regular intervals (e.g., every three months) over a school year to monitor and discuss ongoing attendance issues. Human Resources will facilitate these meetings in cooperation with the supervisor. Please note that while support meetings will be held at regular intervals, it is a Critical Element that the attendance support process not be mechanistic rather it must be applied flexibly according to an employee s individual circumstances. This meeting will be documented in a non-disciplinary letter, noting any proactive strategies and supports discussed, and any follow-up actions required by the employee, supervisor or Human Resources. A copy of this letter will be put in the employee s confidential personnel file. A guide to how to conduct a formal attendance support meeting and a template letter are included in Appendix E. Following Up If an employee continues to struggle with high non-culpable, incidental absenteeism, a formal follow-up meeting will take place approximately three months after the first formal meeting, or at another appropriate interval. At the meeting, Human Resources and the supervisor should review the employee s attendance record and seek to understand the employee s unique circumstances. The meeting will be documented in a non-disciplinary letter, noting the issues discussed, and strategies and supports offered. A copy of this letter will be put in the employee s confidential file. A guide to how to conduct a formal attendance support meeting and a template letter are included in Appendix E. If an employee has shown sustained attendance improvement, the employee should be recognized in a consistent way, whether informally or formally, but always with due care to sensitivity and confidentiality. Further guidance on Recognizing Attendance Efforts is provided below and in a template letter at Appendix G. Attendance Awareness and Support Program Page 29

31 C. Development of an Attendance Action Plan Approximately two months after the follow-up meeting (or at another meeting as appropriate), Human Resources will review the employee s attendance and determine whether another meeting should take place. If the employee s attendance has continued to improve, this should be recognized and communicated to the employee. If the employee s attendance has not improved, the reasons for the continued absenteeism will be further explored. If appropriate in the employee s circumstances, Human Resources will develop with input from the employee and his/her supervisor a written Attendance Action Plan to support the employee s attendance. This may include the following: the employee s commitment to attend work regularly the supervisor s (and union s, if applicable) commitment to support the employee s commitment to do so what the employee can do to attend work regularly how the school district can support the employee s attendance plan, including referral to a medical specialist for further support a reasonable time by which the employee will improve attendance, based on his/her unique circumstances a date for a follow-up meeting to assess the employee s progress in the Attendance Action Plan, and to adjust the plan as needed. One copy of the Attendance Action Plan should be provided to the employee and one copy should be kept in the employee s confidential file. The Attendance Action Plan should not include the employee s personal or medical information. A guide for meeting with an employee about the Attendance Action Plan and a template Plan are included in Appendix F. D. Pursue Further Interventions if Needed If the employee s attendance does not improve as a result of the Attendance Action Plan, the school district may pursue further intervention as appropriate and subject to statutory and contractual limitations. These interventions may include, but are not limited to, the following: third-party review and evaluation (e.g., independent medical evaluation) third-party physician discussion with the employee s attending physician third-party case management and recovery coaching assistance Attendance Awareness and Support Program Page 30