Attendance Management - Eligible employees have the right to use sick time

Article 19 of the Provincial Collective Agreement ensures that all employees are entitled to sick time for an illness, quarantine by a Medical Officer of Health, or for an accident for which compensation is not payable under the Workers Compensation Act. While employers have a right to adopt “Attendance Management Programs,” United Nurses of Alberta is generally opposed to the implementation of programs that may discourage employees from accessing their collectively bargained right to sick leave. UNA advocates for safer and healthier workplaces to support employee attendance. Employers are permitted to implement such programs subject to the wording of Article 4, which requires policies to be fair, reasonable and professional. Therefore, employers must set reasonable standards and not use averages that employees may be unable to meet. Employers must also apply attendance standards in a fair and reasonable manner. Employers are also entitled to hold attendance management meetings with employees. However, disciplinary discussions are not permitted as part of an attendance management program. Therefore, meetings should be supportive and not focussed on blame or intimidation. An attendance management program does not excuse an employer from the requirement to accommodate employees on the basis of protected grounds of discrimination, such as mental and physical disabilities and family obligations, as set out in Article 6 of the Provincial Collective Agreement. Absences on these grounds must not be included in the employer’s calculation of absences. During the meeting there should also be no questions about any medical condition or disability. UNA encourages employers to ask during any meetings if there is anything the employee needs or any accommodation required for the employee to remain at work.