Non-Disciplinary Removal for Unscheduled Absences

I. POLICY:

The philosophy of the Division of Administration (DOA) is to encourage responsible leave usage in order to maximize public service and reduce the negative impact of absenteeism on productivity. This policy shall be administered uniformly and as equitably as possible without regard to race, color, religion, sex, sexual orientation, gender identity, pregnancy, national origin, political affiliation, disability, age, military service, veteran's status, sickle cell trait, protected genetic information, marital status, job classification, job status or other non-merit factor.

This policy serves to implement Civil Service Rule 12.6(a)2 which provides for the non-disciplinary removal of an employee from state service based upon a history of unscheduled absences. This Rule, within Chapter 12 of Civil Service Rules, states:

II. APPLICABILITY:

This policy applies to all DOA employees serving with permanent status who have been placed on notice, in writing, via counseling letter or supervisory plan, that their absenteeism has become problematic. In such event, the employee will be provided a copy of this policy and advised that his/her attendance requires improvement.

III. DEFINITIONS:

• An "unscheduled absence" is defined as an absence from duty without having secured permission, in advance, from an authorized supervisor. Such absences include:
  1. An employee's failure to report for work at the designated time at the beginning of the workday, regardless of duration;
  2. An employee's departure from work before the end of the scheduled workday, regardless of duration; and
  3. An employee's failure to timely return to work at the end of a designated break or meal period, regardless of duration.
• "Advance" permission is defined as authorization, by close of business the day prior to leave usage, to be off from work, late for work, extend a break or meal period, or leave work early.

IV. NOTICE:

The non-disciplinary removal authorized by Rule 12.6(a)2 applies only to an employee who has been given formal notice that his/her attendance requires improvement and a copy of this policy. Such notice will be in writing in the nature of a counseling letter or supervisory plan authorized by the appointing authority.

The employee will receive an Unscheduled Absenteeism Notice (copy attached) within ten (10) days of each unscheduled absence declaring the absence to be an occurrence under this policy. This notice will likewise include:

1. The number of occurrences thus far accumulated within the consecutive twenty-six (26) week period;
2. The manner in which the absence was coded (annual, sick, compensatory or leave without pay); and
3. A description of the nature or circumstances of the absence from duty.

Upon accrual of each sixth occurrence, the employee also will be given a formal Letter of Counseling advising him/her of the sixth occurrence and reiterating the possibility of non-disciplinary removal upon accrual of a seventh occurrence as authorized by Civil Service Rule 12.6(a)2.

In compliance with Civil Service Rule 12.7, no permanent employee will be non-disciplinarily removed under this policy until he/she has been given oral or written notice of the proposed action, the reason therefor, a description of the evidence supporting the proposed action and a reasonable opportunity to respond.

V. CLARIFICATIONS:

1. The appointing authority has the right to place an employee on leave without pay for the duration of any unscheduled absence.
2. The appointing authority has the right to discipline an employee for any unscheduled absence regardless of the applicability of Civil Service Rule 12.6(a)2.
3. The appointing authority has the right to discipline an employee for failing to adhere to agency leave policy or practice.
4. The appointing authority has the right to require a doctor's certificate or other acceptable documentation to verify an employee's need to be off from duty.
5. The appointing authority has the right to terminate a probationary, restricted or temporary job appointment at any time.

VI. EXCEPTIONS:

1. Leave that is approved for use under the Family and Medical Leave Act (FMLA) and leave granted for the purpose of accommodation under the American with Disabilities Act (ADA) will not be considered an unscheduled absence. However, employees are expected to comply with departmental policy and practice regarding notice to supervisory personnel when such absences will be necessary.
2. The appointing authority, in consultation with the Human Resources Director, retains the right to excuse, for a business reason which furthers the interests of the DOA, any absence which otherwise would be deemed unscheduled under this policy.

VII. QUESTIONS:

Questions regarding the interpretation and enforcement of this policy should be addressed to the Office of Human Resources.

UNSCHEDULED ABSENTEEISM NOTICE