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I have an employee who has had an abnormally large amount of absences. The previous management team before me would just issue documentation after documentation with out any real action to resolve the issue. When I took over I enacted a attendance management program with very clear guidelines of what each step in the process entails. The staff member has been off work since 12/22/2017 stating that he is ill and that his doctor stated the illness could last another ten days. Yesterday marked the staff members 36th absence in under a years period. In November the staff member was gone for 2 weeks due to illness a doctors note was provided on his return, On that day I had a meeting with him and he was entered into the final stage of the AMP and advised that any future absences excused or otherwise could lead to his termination. Since 12/22/16 he has been gone another 8 days. My concern is with the ESA clause allowing 10 personal days per calendar year, DO I have to wait for him to get the 10 days since the new year roll over or is the AMP enough to show cause for this dismissal due to frustration of employeement?
This is a delicate situation and one where you would want to cover all of your basis in order to avoid a potential wrongful dismissal action and/or Human Rights Complaint. We would need to review the attendance management policy as well as nature of the employee's illness in order to provide a comprehensive assessment and opinion. I would recommend that you contact our office and speak to one of our lawyers prior to taking any action.