Human Resources 101

One of the biggest areas in which I provide human resources support is that of attendance management. Often, by the time I get the call, the problem has spiralled out of control and requires considerable process to bring into line.

The following are four definitions of common issues relating to attendance management:

Culpable Absence refers to absences which are totally within the employee’s control and are in direct violation of the employment agreement between the employee and the employer. Culpable Absence may be deliberate or it may be the result of repeated bad judgement. An example of this type of absence would be when an employee has no excuse for absence and then misrepresents the reason or provides no proof of illness.

Duty to Accommodate is limited to the disabled individual’s “regular position”. In other words, if someone is disabled, an employer is not obligated to create a new position for the individual. The employer must determine whether it can take measures which do not cause it undue hardship to allow the employee to be able to perform the “essential duties” of his/her regular position. This may involve modification of the employee’s position to accommodate mental or physical restrictions.

Frustration of Contract is when an employee, due to illness or disability, is unable to provide services they have been contracted to complete. The employer may then elect to treat the contract as having been “frustrated”. In other words, the employee’s disability excuses both parties to the contract from having to fulfill any further obligations under it.

Innocent Absenteeism is when an employee is ill and unable to attend work, the employer initially bears the burden of extra costs and disturbance to the efficient operation of a work area. However, if the absences persist and are in excess of established norms, the burden shifts to the employee.

Caveat: I am not a lawyer. These definitions are how I understand these issues. These are based on Canadian law and practice.