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Absenteeism

Employee absenteeism can be particularly challenging and time consuming for Christian charity leaders to manage.  Of course this isn’t an issue limited to the charitable sector.  The Conference Board of Canada reported that the average absence rate among Canadian employers in 2015 was 8.9 days per full time employee[1], and that absenteeism cost the Canadian economy approximately $16.6 billion in 2012[2].

While managers working in corporate settings typically receive training on managing absenteeism, and have established policies and third party specialists to help guide them, these resources are often not available to charity leaders.  This can make it difficult to know how to respond appropriately when a employee provides a doctor’s note indicating that they are to remain off work until further notice.  And while more complex cases will require professional guidance, there is still much that charities can do to appropriately manage absenteeism within their organizations.

 Innocent absenteeism

While there are different kinds of absenteeism, this blog post will focus on employee absences or requests for accommodation that are not due to a work related injury or illness.  These non-occupational absences are sometimes referred to as innocent absenteeism, as they are outside the employee’s power to control, and would not be subject to discipline.

Innocent absenteeism can take many forms, and while this list isn’t meant to be exhaustive, here are some of the more common causes:

• Short term illness such as the flu
• Chronic illness related to medical condition or disability
• Illness related to a pregnancy
• Injuries occurring at home or on vacation (e.g. broken arm, sprained ankle)

Although innocent absenteeism is considered to be outside of the employee’s power to control, charities should still seek to actively manage these absences, and employees still have an obligation to participate in the attendance management or return to work programs of their employer.  (Note: if any of the charity’s employees are represented by a union, the leader should consult the collective agreement to see if any special rules apply).

Diligently managing these absences from the onset is essential to appropriately care for and support these employees, and to protect the charity from liability.  The following six tips will help charity leaders to ensure that their employees make a safe and healthy return to work:

Tip #1

Document the dates the employee is absent from work.  It’s amazing how often this one tends to get overlooked, but it is really important for a number of reasons, including:

• Ensuring the employee is paid appropriately (e.g. sick, regular, unpaid)
• Completing paperwork in a timely manner (e.g. Record of Employment, Long Term Disability application etc.)
• Comparing the employee’s absences to the organization’s average
• Being consistent in when doctor’s notes are requested

Tip #2 

Touch base with the employee at regular intervals and keep the lines of communication open.  Lengthy absences can cause employees to feel disconnected from what is happening at work and anxious about the prospect of returning.    Some employees may appreciate being kept updated on workplace happenings and social events.  These conversations are also a good time to make the employee aware of the charity’s Employee Assistance Program (EAP), if one exists.  Letting the employee know that you are coming from a position of care and support demonstrates goodwill, and can be a positive way to initiate the conversation, especially in situations where the employment relationship is less than ideal.

Tip #3

Request a doctor’s note, if appropriate.  A charity’s policy might require that an employee provide a doctor’s note if they have missed more than (e.g. five) consecutive work days, or incurred more than (e.g. ten) absences over the course of the year.  In either case, consider the following when asking for a doctor’s note:

• Requesting clarity with regards to the employee’s functional abilities (e.g. sitting, standing, ability to concentrate etc.) so the charity can identify and offer the employee modified work that is appropriate.  A job description or physical demands analysis (if one exists) can also assist the health care provider in making appropriate recommendations with regards to modified work.
• Asking about an employee’s diagnosis or treatment is not relevant to managing the absence, and could actually expose the charity to a human rights complaint.  If the employee divulges this information, let them know that it is not required and redirect the conversation to identifying work they might still be able to perform.
• At minimum, the doctor’s note should include the employee’s name, the date they were seen and the signature or stamp of the doctor’s office.  It should also indicate a return to work date, or when the employee will be re-assessed, which is typically a good time to request an updated doctor’s note.
• If the employee wishes to return to full duties before the expiration of the current doctor’s note on file, the charity should request an updated doctor’s note clearing the employee to do the same.  If the employee resumes work before they are ready or outside of the parameters set by their health care provider, it could have long term health consequences for the employee, and expose the charity to additional liability.
• If the charity has requested details about the employee’s functional abilities, the health care provider may charge the employee a fee for this documentation.  This can be difficult from an employee relations perspective as the employee may be on a reduced or fixed income.  For these reasons, and because the charity has initiated the request for this additional information, charities should consider reimbursing the employee for part or all of these costs.

Tip #4 

Be sure to document any offers of modified work.  If the charity is able to identify work that is within the restrictions identified by the employee’s health care provider, it should offer that modified work to the employee in writing.  For the return to work to be successful, the employee must be an active participant in the process and given the opportunity to provide input as well as raise any concerns they may have.  If the employee declines the offer of modified work, that should be documented as well.

Tip #5

Modified duties should be time bound.  Charities that allow employees to continue with modified duties or hours indefinitely may be considered to have created a new position for them, which they may not be obligated to do.  A good practice is to revisit and update the return to work plan every time new documentation is received from the health care provider.  The goal of every return to work program should be to return the employee to full duties and hours.

Tip #6

Keep documentation such as doctor’s notes and return to work plans in a separate file.  Documentation related to the employee’s innocent absenteeism should be treated as confidential, and access limited to only those with a legitimate need to access that information.  If this information is not safeguarded, it could open the charity to liability from a privacy and human rights perspective.

Closing

Even after having followed these tips, charity leaders will encounter more complex situations where professional assistance is required.  For example, when a long term disability claim is denied or has been exhausted, and the employee is still not able to return to work, it’s time to call a professional.

Charities should look for a reputable organization that has a strong background in disability management, and should also check references before entering into any kind of a formal agreement.  Members who are enrolled in CCCC’s domestic Group Health Insurance Program have access to the Early Assistance and Reintegration Service (EARS), which is designed to help employees deal with any medical condition interfering with their capacity to work. This service is provided by Cowan Insurance Group and delivered by a team of healthcare professionals.

When in doubt about whether or not to engage the services of a third party, it’s best to seek advice in order to avoid exposing the charity to unnecessary liability.

[1] http://www.hrreporter.com/article/27987-average-absence-rate-89-days-in-2015-report/

[2] http://www.conferenceboard.ca/press/newsrelease/13-09-23/absent_workers_cost_the_canadian_economy_billions.aspx

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Freeimages.com, Carol Garbiano

A surprise visit

This summer, CCCC received a visit from a Ministry of Labour occupational health and safety inspector.  Of course this wasn’t a scheduled visit.  That’s the whole point.  They want to see what things are really like when you haven’t had a chance to prepare for an inspection.

I had only been in the office for about ten minutes when I was told that someone from the Ministry of Labour was seated in the waiting area and had asked to meet with me.  Although I have been in the HR field for a number of years, this was the first time I had ever personally experienced a workplace inspection.  I couldn’t believe it.  CCCC has less than 20 employees. What are the chances that the Ministry of Labour would want to conduct a visit of our workplace? And yet here they were. Surprise!

For the majority of Canadian employers, health and safety legislation is a provincial jurisdiction, and the provinces have given occupational health and safety inspectors some pretty broad sweeping powers. In Ontario, inspectors can issue on-the-spot tickets of $200 or $300 for a wide range of less serious violations under the Occupational Health & Safety Act (OHSA) and Regulations.  According to a recent Carswell publication, there were 780 convictions and fines of more than $9 million under the OHSA in 2013-2014.

Document, document, document!

After introducing myself and inviting the inspector to my office, I quickly realized I wouldn’t be leading this meeting.  A check list was produced, and I was asked a number of questions including:

• Has CCCC hired any workers 25 years and under in the last six months?
• What is CCCC’s health and safety policy?
• What is CCCC’s workplace violence and harassment policy?
• Where is CCCC’s health and safety awareness poster?
• Has CCCC conducted health and safety training for its staff members, and what training records have been kept?

Being relatively new to CCCC, I decided to ask our health and safety worker representative to join the meeting.  Between the two of us we were able to produce the required documentation and answer the inspector’s questions. The tone of the meeting became a bit more relaxed once it became evident that CCCC had met its obligations with regards to having the proper policies in place and ensuring that staff received the proper training.

Workplace inspection

As we began our tour of the building, nothing escaped the notice of the inspector.  A water stained ceiling tile from a leak that had long since been fixed was pointed out, and tags on our fire extinguishers were all checked.  Our building was thoroughly inspected from end to end.

Churches are workplaces too

It was during this time that the inspector told us about a church custodian who had fallen from a ladder while working alone in a gymnasium.  The custodian had broken a leg during the fall, which is considered a critical injury in Ontario, and has specific reporting requirements.

After a period of time had passed, a couple of ladies that had come into the church to use the kitchen found the man, and were thankfully able to obtain help.  When asked what is one thing from a Health and Safety perspective that CCCC should share with its members, the inspector answered, churches are workplaces too.

Written report

The inspector provided us with a written report, which was to be posted somewhere visible in the workplace where staff members would be sure to see it.  We were quite pleased that not only were no orders to be issued, but that the inspector commended CCCC for its commitment to Health and Safety, and asked us to share this with our staff members as well.

The takeaway for charities

If you aren’t familiar with the health and safety legislation in your province, a good starting point would be visiting the following webpage: Canadian Government Departments Responsible for Occupational Health and Safety.

Ideally, health and safety should be a part of every charity’s workplace culture, with senior leaders and charity directors modelling a commitment to safety in the workplace.  Although no one goes to work expecting to get injured, The Canadian Centre for Occupational Health and Safety reported 902 work related deaths in 2013, which is an average of 2.47 work related deaths per day.

Health and safety in the workplace is a journey of continuous improvement, and one that carries with it specific obligations for employers, managers and workers.  In Ontario, individuals convicted of an OHSA contravention, or failure to comply with an order, can be fined up to $25,000, and/or be imprisoned for up to 12 months.  Corporations convicted of an offence can be fined up to $500,000.

I would encourage you to take the time to review your charity’s health and safety policies and practices to ensure that you and your staff are working safely.  Not only will you help your charity to avoid costly fines, you may just prevent an accident from occurring in your workplace.

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The training must meet certain minimum requirements spelled out in Ontario Regulation 297/13 (see ss. 1(3) and 2(3)). If previous training provided to workers and supervisors meets these criteria, no further training may be needed. Otherwise, some form of re-training will be necessary.

The mandatory training can be conducted “in-house” or through private training providers, but this is not a requirement. Perhaps the simplest and most affordable way to comply with the Regulation is to partake in the online e-learning modules provided by the Ministry of Labour free of charge. Those modules can be accessed on the Ministry’s website. There is one module for workers (located here) and one for supervisors (located here), and each takes approximately 45-60 minutes to complete. Participants can take the module either individually or in groups. The Ministry also has a number of written materials available, which cover the same content as the e-learning modules:

• “Worker Health and Safety Awareness in 4 Steps” (Worker Awareness Workbook)
• “An Employer Guide to Worker Health and Safety Awareness in 4 Steps”
• “Supervisor Health and Safety Awareness in 5 Steps” (Supervisor Awareness Workbook)
• “An Employer Guide to Supervisor Health and Safety Awareness in 5 Steps”

It may not be necessary to use these written materials if workers/supervisors take the e-learning module (or equivalent training), although employers may choose to use them instead of, or in addition to, that training (for more information see the Ministry of Labour’s FAQ’s).

Requirement applies to all Ontario charities

Charities should be mindful that this mandatory training requirement applies regardless of their size, sector, or how “low-risk” their worksites might be – it extends to office spaces and construction sites alike.

In addition, the obligation to provide this training may extend beyond just employees to a charity’s contractors/agents as well. This is because the Regulation applies to everyone who meets the definition of a “worker”. A “worker” is defined as a “person who performs work or supplies services for monetary compensation…” The term “supervisor” is also broadly defined to include “a person who has charge of a workplace or authority over a worker” (Ontario Health and Safety Act, s. 1). Charities should consider everyone in their workforce and determine whether they might be considered workers and/or supervisors, and ensure they complete the necessary training.

New record-keeping requirements

Once the training is complete, employers are required to maintain a record of it taking place. The Ministry of Labour provides a certificate to those who complete its online e-learning module. If charities opt for this training method, they should request a copy of this certificate from all workers or supervisors, and retain a copy for at least six months after the individual stops working for them.

Obligations are ongoing

After July 1, 2014, charities must ensure that new workers complete this training “as soon as practicable” (unless the worker completed such training in their previous employment, and the charity can verify this). Charities must also ensure that new supervisors complete the supervisor training within one week of beginning work as a supervisor.

There are some exemptions to these requirements, but they are limited (see the Regulation for more details).

Summary

The key point for many Ontario charities is summarized well by Adrian Miedema in a recent article as follows:

“For many employers, the simplest way to comply is to send all employees and supervisors an e-mail with a link to the [Ministry of Labour] modules and require them to complete the e-learning module, print off the completion certificate, and provide the certificate to you before July 1st.”

Of course, charities should also consider whether any additional health and safety training should be provided to their workers and supervisors, depending on the specific nature of their workplaces. For Christian ministries, this should be done not only to satisfy the above-noted legal requirements, but as part of their responsibility to protect those in their care and prevent accidents and harm wherever possible.

For more information about the new OHSA Regulation, see the Ministry of Labour’s resource page.

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The three policies apply to employers, workers, and supervisors, respectively. The policy for employers states that, as part of their legal duty to ensure the health and safety of their workers, they must “take all reasonable steps to prevent where possible, or otherwise minimize, workplace bullying and harassment”.[i] The policy sets out specific actions that WorkSafeBC expects employers to take in order to meet this duty:

(a)  Develop a policy statement on workplace bullying and harassment

(b)  Take steps to prevent or minimize bullying and harassment

(c)  Develop and implement procedures for workers to report incidents or complaints

(d)  Develop and implement procedures for dealing with incidents or complaints

(e)  Inform workers of the policy statement and steps taken to prevent bullying and harassment

(f)   Train supervisors and workers

(g)  Annually review (a), (b), (c), and (d)

(h)  Do not engage in bullying and harassment of other workers

(i)   Apply and comply with the employer’s policies and procedures on bullying and harassment

More information about each of these elements can be found in WorkSafeBC’s Small Business Guide on Workplace Bullying and Harassment as well as its detailed handbook.

WorkSafeBC has also prepared a “Bullying and harassment prevention tool kit” to help employers comply with their legal duties as outlined in these new policies. Included in the toolkit are guides on developing a policy statement and reporting/investigation procedures, along with templates that organizations can modify and adopt to fit their individual needs. CCCC members may also wish to review CCCC’s sample Ethics and Whistleblower policies. Although they are not designed specifically to meet WorkSafeBC’s new requirements, and modifications will be necessary, they may contain elements that charities would like to incorporate into their new bullying and harassment policies.

WorkSafeBC expects employers to be in compliance with new policies once they become effective on November 1, 2013. WorkSafeBC is not planning an “enforcement blitz”, and will respond to concerns about bullying and harassment through its existing inspection practices. If a WorkSafeBC officer inspects a workplace and finds the employer’s procedures to be deficient, he/she may order the employer to take steps to come into compliance. WorkSafeBC has stated that fines will not be issued unless the employer either fails to comply with such orders, or is found in non-compliance a number of times.[ii] Nevertheless, it would be prudent for employers to take proactive steps now and ensure they have policies and procedures in place that meet WorkSafeBC’s new requirements.

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