“We believe that several of our employees are abusing sick leave. How can we get them back to work on a regular basis without breaching our obligations under legislation such as the Human Rights Code?”
“We recently decided that we should operate on Sundays; however, we are having difficulty staffing the various shifts as many employees claim to be unavailable for religious reasons. What strategies can we implement to address this problem?”
In recent years, many employees have come to justify absences based on disabilities, religion and other grounds protected by human rights legislation. But chronic absenteeism can significantly impact company productivity, often resulting in additional costs, delays and administrative frustrations.
Our lawyers routinely assist employers by developing proactive policies designed to improve employee attendance. This includes the various legal issues that arise from implementing and administering attendance management and return-to-work programs.
As well, where attendance problems result in litigation, we represent employers before arbitration boards, human rights and workplace safety and insurance tribunals.