1

Attendance Management

3:00 – 4:00 pm Dec 7th, 2010 Infonex 951 Whitehorse

Chris Hylton, MACG Hylton & Associates Inc. 800 449-5866 chris@hylton.ca

What attendance issues we can try and solve for you in

this session?

2Open discussion

AgendaFollowing up on absenteeism in the

workplaceUnderstanding the causes of absence and

making case-by-case evaluationsMaking efforts to retain staff when

appropriateRetraining staff when accommodation is a

factorDeveloping a system for effectively

communicating absences Implementing turn-over countermeasures

3

4

Employers must be knowledgeable about absences, how

much they have to tolerate and how they can respond effectively.

FORMS OF ABSENTEEISM

Innocent Innocent AbsenteeismAbsenteeism

Culpable Culpable AbsenteeismAbsenteeism

LongLong Term Term

Condition Condition

RepetitiveRepetitive Short Term Short Term

Absences Absences

CANNOT IMPOSE DISCIPLINE!CANNOT IMPOSE DISCIPLINE!DISCIPLINE WARRANTEDDISCIPLINE WARRANTED

INNOCENT ABSENTEEISM

Disability, illness, other legitimate health reason

Discipline is inappropriate May lead to non-disciplinary

termination if:– Employee has record of

excessive absenteeism– Employee is incapable of

regular attendance in the future

Do List

1. Track absences2. Provide warnings3. Provide opportunity to improve4. Be consistent

MONITORING INNOCENT ABSENTEEISM

Institute attendance management program AMP

Understand the actual levels of absenteeism

Analyze and determine where problems areRecord all incidents of absenteeism and

lates

MANAGING CULPABLE ABSENTEEISMDon’t rigidly adhere to defined policies Disciplinary policies are helpfulAll absences are presumed innocent

unless proven culpable (although the employer may put employees on notice that they need to substantiate the reasons for an absence)

If culpable, then discipline may be warranted

Use progressive discipline

FEATURES OF ATTENDANCE MANAGEMENT PROGRAMSDirect attention to improving health and safety;

Provide health services and facilities;

Provide employee assistance programs;

Provide attendance incentive programs;

Collect and publish attendance statistics;

Set attendance goals and monitor achievement;

FEATURES OF AMPProvide feedback, counselling and other

forms of support;

Impose discipline when warranted; and

Implement last chance agreements when all else fails (more common in the unionized setting).

Termination:THE LAST RESORTEmployer has to demonstrate:

– Record of excessive absenteeism– Incapable of regular attendance in the

future– Accommodation to the point of undue

hardshipFollow program of progressive

disciplineTerminate with caution = there is

always a risk of a grievance or a human rights complaint

DOCTRINE OF FRUSTRATION

Absenteeism resulting from illness or disability is not cause to terminate

Test for frustration of contract:– Is it temporary or permanent– Does it prevents performance of essential duties of

position, even after accommodation

FACTORS TO CONSIDERTerms of any existing contractAnticipated term of employmentNature of the employmentNature of the illness or injury &

prospects for recoveryPeriod of past employment

BOTTOM LINEThe longer the relationship

+The greater the indicators of commitment

and loyalty

=The more difficult it will be to establish

frustration

TERMINATION & SEVERANCEEven if frustrated, employer will have to

pay termination and severance pay in accordance with the ESA, 2000

Ontario Nurses’ Association v. St. Joseph’s General Hospital, [2006] O.L.A.A. No. 155 (Randall)

Now reflected in changes to Reg. 288/01 – no longer an exemption from termination or severance pay under the ESA, 2000

REINSTATEMENT OF EXCESSIVELY ABSENT EMPLOYEES

Was there a triggering absence?

Were the absences blameworthy or innocent?

– If innocent, what is the prognosis for future attendance?

Did the employer adequately notify the employee of its expectations with respect to attendance?

Did the employer warn the employee that discharge may result if attendance did not improve?

What was the workplace average absenteeism rate?

THE LAST CHANCE AWARD

Also referred to as a “conditional reinstatement”

Where absences are culpable in whole or in part, an arbitrator may issue a last chance award;

– However, the award is based on the premise that the employee is capable of improvementcapable of improvement;

Last chance awards minimize further recourse to arbitration — it’s the employee’s lastlast chance;

Clearly establishes attendance and conduct standards;

– Discharge will be appropriate if standard not met!

LAST CHANCE AGREEMENT

Similar to a last chance award, but avoids the time, expense of arbitration – negotiated by the parties;

Usually establish a very high attendance standard;

Additional conditions, as applicable;

– Complete abstinence from the substance at issue;

– Completion of recovery program;

– Random drug testing;

Each condition must be lawful.

LAST CHANCE AGREEMENTSPurpose:

– Keeps employee in the workplace, but imposes stringent conditions

– Ensures employee knows job is in jeopardy if performance does not improve

– May promote rehabilitation

When Are Last Chance Agreements Appropriate? Where an employee has been unresponsive to

progressive discipline or efforts to address an attendance problem (particularly if it’s related to an addiction or other disability)

Should not be used too early in the process of dealing with a problem employee and is not a substitute for other accommodation options

A last chance agreement should only be part of a broader effort to accommodate the employee’s underlying condition

Last Chance Agreements:What They Should Include

Employers should ensure that last chance agreements contain the following:

• An express recognition of the nature of the employee’s problem (e.g., addiction or alcoholism) and the efforts the employer has made to accommodate the employee

• Recognition that the employer and, if applicable, union have taken all reasonable steps necessary to accommodate the employee to the point of undue hardship

• Specific details of the conditions applied to the employee’s continued employment, including details of any treatment, after-care, attendance expectations, etc., as well as the employee’s commitment to comply with these conditions

Last Chance Agreements:What They Should Include (cont’d)

Employers should ensure that last chance agreements contain the following:

• A provision expressly stating that breach of any condition of the agreement will result in the employee’s discharge

• Agreement that reinstatement of the employee following a breach of the agreement would amount to undue hardship

• Agreement that failure to discharge for breach of the agreement does not constitute waiver

• An express prohibition on an arbitrator substituting any lesser penalty in the event that there is a breach

• A duration – generally never longer than 2 years

Benefits of an Enforceable Last Chance AgreementProvides an additional opportunity for an

employee to salvage his/her employmentProvides the employee with a ‘wake-up

call’ – often those who suffer from addictions will not seek and pursue treatment until they lose their employment

May be viewed as being one aspect of the employer’s duty to accommodate (provided that it is complements other efforts)

Why bother?

Direct CostsReplacement of absent workerLoss of productivitySick leave with pay and benefitsIndirect CostsReduced service to patients and larger

communityDamage to morale of other employeesTime spent managing employee and/or

claim

Types of Absenteeism

Innocent (non culpable) absenteeism: individuals are legitimately away due to health issues

Culpable absenteeism: individuals not validly away; are utilizing sick leave for purposes other than health issues

AMP monitors…Innocent (non-culpable)

Absenteeism

Culpable absenteeism is a disciplinary issue and once established, should not be dealt with under AMP

However…..tracking all absenteeism can be helpful in determining culpable absenteeism

Legal Validity

Policy regarding Absenteeism Management must be:

Consistent with Collective AgreementBrought to the attention of employeesReasonable and Not DiscriminatoryClear and Consistently enforced

(KVP test, 16 L.A.C. 73)

Legal Validity

Absenteeism Management Process must allow for:Flexibility and consideration of

individual circumstances“Progressive escalating response” Not disciplinary

(Hospital Employees Union v. Health Employers Association of BC (2002) BCLRBD No. 112)

Facts about CLS’ AMP Program

Implemented May 2005Revisions July 2008Four Step ProgramTarget 3.5% absenteeism (9 days/year)Absenteeism rate range 3.73% to 4.5%Includes Sick with pay; Sick without

pay; Medical Appointments

CLS ISSUES

People working when sickTargeting right peopleTarget vs. AverageHow to exit the programOwnership and accountabilityTime required to manage programEDUCATION!!!

UNION ISSUESPeople working when sickTargeting right peopleTarget vs. AverageHow to exit the programConcern singling people outEarly intervention – intrusiveSupervisor abuse – “I’ll be watching

you”EDUCATION!!!

Changes ImplementedUpdated I-WebClarified criteria for exiting the programClarified payroll coding process Clarify process regarding how to make

an Employment Decision in Step 4Updated process for leaders to manage

program with their employees

What Reports Exist?

Monthly Sick Time Reports

AMP Reports

Employee Absence Calendars

Reports

Sicktime Usage (52 week period ending May 16, 2008)

Manager: Edward Quartermaine

Supervisor: Ned Ashton

Cost CentreEmp No

Employee Name (Last, First)

Medical Appts

Sick Under

30

Sick Over

30

Sick (Traded)

Total Sick

All Hours

Worked

All Hours

In AMP

EE % Sick

Corp Target

Cost Centre

Avg71410000000 1714 BARRETT, BRENDA 0.00 72.75 0.00 0.00 72.75 750.00 822.75 No 8.84% 3.50% 3.85%71410000000 1474 CORINTHOS, SONNY 2.25 251.00 0.00 0.00 253.25 1490.75 1744.00 Yes 14.52% 3.50% 3.85%71410000000 1594 JAX, JASPER 0.00 31.00 0.00 7.75 38.75 1570.56 1609.31 No 2.41% 3.50% 3.85%71410000000 1234 MORGAN, JASON 0.00 3.00 0.00 0.00 3.00 1553.50 1556.50 No 0.19% 3.50% 3.85%71410000000 1354 WEBBER, ELIZABETH 0.00 38.75 0.00 0.00 38.75 1976.25 2015.00 Yes 1.92% 3.50% 3.85%71410000001 1834 CASSEDINE, NIKOLAS 0.00 7.00 0.00 0.00 7.00 2008.00 2015.00 No 0.35% 3.50% 5.59%71410000001 1954 DAVIS, ALEXIS 5.00 40.75 0.00 0.00 45.75 1811.63 1857.38 No 2.46% 3.50% 5.59%71410000001 2074 HOWARD, KATE 25.00 230.00 0.00 0.00 255.00 1380.69 1635.69 No 15.59% 3.50% 5.59%

Reports

Manager:

Supervisor:

52 wk Period Ending:

Emp No

Employee Name (Last, First)

FTESick

HoursWorked Hours

All Hours

EE % Sick

Previously In Program

Out of the Program

(dd/mm/yy)Comments

1714 BARRETT, BRENDA 0.41 72.75 750.00 822.75 8.84% No

Supervisor Feedback:Calendar Request: Yes/No Comments:Put in Step I: Yes/No

2074 HOWARD, KATE 0.81 255.00 1380.69 1635.69 15.59% NoSupervisor Feedback:Calendar Request: Yes/No Comments:Put in Step I: Yes/No

30 May 07 - Employee close to target. Watch for now. 12 Sept 07 - Employee reduced status to casual. 20 Nov 07 - Employee moved into perm .4 position. Sicktime 5.25%.

Employees who are over 3.5% and are not in the AMP

Ned Ashton

May 16, 2008

Edward Quartermaine

Reports

Manager: Edward QuartermaineSupervisor: Ned Ashton52 wk Period Ending: May 16, 2008

Functional Centre

Emp No

Employee Name (Last, First)

Follow-Up Date

Percent EE Sick

Step I InformationStep I I

InformationStep I I I

Information

71410000000 1474 CORINTHOS, SONNY 15-Apr-08 14.52% Date into Step 1: September 24, 2007 Date into Step II: Date into Step III:24 Sept 07 - rate at 5.59% . Entered into AMP

Supervisor Feedback:Calendar Request: Yes/No Request Letter: Yes/NoNext Follow Up Date: If no, provide reason:

71410000000 1354 WEBBER, ELIZABETH 03-Jul-08 1.92% Date into Step 1: January 24, 200724 Jan 07 - rate at 5.59% . Entered into AMP07 Jul 07 - rate at 7.50% . Send follow-up letter, continue to monitor28 Dec 07 - rate at 3.7% . Send follow-up letter, rate improved

Supervisor Feedback:Calendar Request: Yes/No Request Letter: Yes/NoNext Follow Up Date: If no, provide reason:

Follow-Up for Employees in AMP

Process

H R C o m p le te s R e q u es te d A c tioni.e . L e tte rs g e ne ra te d , C a le nd a rs g en e ra ted

S u p e rv iso r R e tu rn s C om p le te d R ep o rts to H R- N o te s E n te re d in to D a tab a se

S u p erv iso r C o m p le te s w ith C o m m e n ts

S u p e rv iso r C o n su lts w ith H R a s N e e d ed

In d ivid u a l R e po rts S e n tto S up e rviso rs

- E m p lo ye e s o ver 3 .5% an d a re no t in th e A M P- F o llow -u p fo r E m p lo ye es in the A M P

R e po rts G en e ra tedb y H R

What to Consider When Entering Employees Into AMP?

Are they over the corporate standard of 3.50%?

Are they over the departmental average?How long have they been over the standard?By how much are they above the standard?How many incidents of illness are there? Is this an isolated incident with low

probability of recurrence? Is absenteeism related to a disability?

What to Consider When Entering Employees Into AMP?

What is their length of service? Is the employee participating in a graduated

RTW plan?Has the employee achieved a full RTW with

no restrictions?Are there any unusual circumstances that

may have precipitated a spike in absenteeism?

Has the person be at Step 1 or 2 previously?Does the employee have a chronic illness?

What to Consider When Entering Employees Into AMP?

Consideration for enrolment is over the corporate standard for a period of at least six months

If you have initial concerns in determining entrance into AMP, contact your HR consultant

Step 1Step 1: Informal Notification, Initial

Concern

– Notification package provided to employee

– Contains absence history, AMP process, internal and external support

– Goal is to inform employee and offer education

Step 2Formal Discussion, Continued

Concern

– Supervisor and employee meet– Union representation is offered– Purpose is to determine of there are

underlying health issues– A referral to Occupational Health and

Wellness may be made

Step 3Formal Discussion, Advance Concern

– Supervisor and employee meet– Union Representation offered– Attempt to get at underlying issues– Mandatory referral to Occupational

Health and Wellness

Step 4Employment Discussion

– Supervisor and Employee meet– Union Representation required– Focus on continued employment

relationship in serious jeopardy– Employee is placed on a 90 day trial

period.

Legal Validity

Termination for Non-Culpable absenteeism

Past record of excessive absenteeismNo reasonable expectation or prospect of

regular attendance in the futureEmployee has been warned multiple times

and knew expectations and possible outcomes

If there is a disability, it has been accommodated to the point of undue hardship

When do Employees move to the next step?

Where the level of absenteeism has not improved.

Where the level of absenteeism has increased.

Where an employee has been non-compliant in recommendations for improvement.

A reasonable amount of time has lapsed since entering the previous step.

AMP Letters

Follow up letters should be sent every 3-6 months so the employee can see their progress – Employer obligation!!

A separate file is kept in HR for each employee in AMP

How Are Employees Removed From AMP?Steps 1 & 2

– Maintain sick time average below corporate standard for at least six months

Step 3– Maintain sick time average below corporate

standard for at least nine months

Step 4– Maintain sick time average below corporate

standard for at least twelve months, evaluated on a case-by-case basis

What Works?MetricsOrganizational Target (ie. 3.5%)Regular CommunicationSupervisor Buy-In and EducationConsistency in the message and

actionsInvolving the Union

What Works (Cont’d.)Not one size fits all approach. Absenteeism Management PolicySupervisor tools: Guidelines, Letter

Templates, Discussion TemplatesHighlighting the Exit strategy for

employees as the goal.

What Doesn’t Work?Lack of supervisor buy-in and

educationNot being on top of the programBlanket policies or actionsChronic Illness EmployeesHigh maintenance – Do the Cost-

Benefit Analysis

Next StepsIntegrated Health ProgramLead – Occupational Health and

WellnessFocusing on high usageSupervisor buy-in

71.30%

8.60%

0.14%

18.65%0.49% 0.82%

Medical Appts from Sick BankSick under 30 daysSick over 30 daysSick OtherSick No PaySick (Pick up Shift)

Distribution of Sick hours

Sick NotesGuidelines:1. What does the C/A say?2. Is the employee in AMP?3. What is the employee’s current absenteeism rate?4. Does the employee have patterns of calling in sick

on certain days/weekends?5. Is there a written requirement to provide sick

notes as a result of an agreement?6. Has the employee requested the same time off

and been denied?

Question & AnswerQ If an employee is placed in the

program, is that considered disciplinary?

A Absolutely not! The purpose of the program is to provide support and assistance to employees with a goal of achieving regular attendance at work and meeting the corporate absenteeism standards.

Question & AnswerQ The letters to the employees may give

the impression of being punitive. Is there a different approach?

A It is the employer’s obligation to follow up with employees so they can see their progress. In addition to the standard letters, supervisors may choose to meet with employees for a verbal follow up and discussion or they can work with HR to tailor the follow up letter.

Question & AnswerQ What do you do when you have

employees that continually run without any sick time in their banks, and they don’t care if they are still sick and don’t get paid for it?

A If this is the case, they are likely a good candidate for AMP. However, they would get coded unpaid sick for this time – not vacation, banked OT, etc.

Question & AnswerQ What if I have an employee who self-

identifies an underlying medical condition that affects their attendance?

A The employee should be referred to the OH&W office as per the Disability Management process. Employee’s may or may not continue to be managed through the AMP program depending on the nature of the illness. You may be required to accommodate to the point of undue hardship.

Question & Answer

Q What can you do if proof of illness is required and the employee does not provide it?

A The employee should not be paid from their sick bank unless the note

is provided. They should be coded unpaid leave of absence, unless you can prove abuse of sick leave.

References

http://iweb/library/CorporateManuals/HR/5.7.pdf

http://iweb/Library/HRRefGuideIndex.htm

Slides adapted from Calgary Lab Services & Filion Wakely Thorup Angeletti presentations

My offer to you

64

Please call if you have any HR, or workplace issue that you are overwhelmed with

We can help you

Thank you for the opportunity to meet today!

Tel 403 264 5288 or 800 449 5866

chris@hylton.ca

65

CG Hylton - Services

HR ConsultingJob DescriptionsSalary GridsClassification System

- free & easy to understand (NOC)

Wellness at WorkStaff MoraleTraining

Benefits, Pensions,

EAPStrategic PlanningDrug and Alcohol

programsDept re-orgsLeadership

compensation

66

Tel 403 264 5288chris@hylton.ca

Managing & Tracking Attendance

67

Why track attendance?

68

Why??????

70

Tracking solutionsCreate and maintain excel

spreadsheet

Create attendance sheets for supervisors

Variety of software programsHR Manager from Sage Softwarewww.techserious.comwww.dsolutionsgroup.com 71

AdminCreate a FAQ’s page for new staff

How do I get paid?How often do I get paid?How much do I get paid?Is there a benefit plan?When am I eligible?Is my family eligible?What are my benefits?*Be sure to update FAQ’s page as needed*

72

Questions?

73

74

New Hires

Exercise: How Much Do You Spend?

Select one position that a group member has recently filled. Estimate the cost of hiring.

Time to prepare ad (hours x wage)

Cost of Advertising (direct cost)

Application processing (hours x wage)

Applicant interviews (hours x wages)75

How Much Do You Spend? Cont…

Reference checks (hours x wages)

Offer process (hours x wages)

Orientation (hours x wages)

Performance loss (hours x wages)

76

77

How Can I Minimize Costs?

By following a thorough and

reliable Hiring Process

78

HR Outputs

PLANNING CANDIDATEIDENTIFICATION

CANDIDATEEVALUATION

FINALSELECTION

INTEGRATIONANDFOLLOW-UP

Define need

Agree on candidate specificationsand process

Meet with key individuals

Draft and place advertisement

Network

Screen prospectivecandidates

Conduct/chair in-depth interviews

Review short-lists with client

Prepare clientand candidatesfor interview

Orchestrate more interviews

Conduct in-depth reference checks

Assist in negotiation withoffer of employment

Assist withSmooth transition of candidate to new job

Communicatewith candidateon on-going basis

Position guideand idealcandidate profile

Progress report

Candidateassessmentreport

Reference checkreport Signed offer

Strengthenedmanagementteam

Exercise:

Preparing to Hire

In your group identify ONE hard to recruit position that many in the group are familiar with.

What are the characteristics of the Ideal Candidate

79

Ideal Candidate Personality Skills Reliability Experience Education

Applicant Evaluation

Screen resumes based on “ideal candidate” must have criteria

First reading: Yes, No and Maybe piles

Determine number of tentative interviews

Telephone screening of candidates saves time for both of you

81

Applicant Evaluation

Check some references if permitted

Identify candidates for shortlist

Interview “Yes” pile

Develop interview committee and questions

Nation members, non nation members

82

Developing your questions

Ask different questions for different positions

Skills testingDrug or medical testingTrick situations

Create tests to see if they can pick out errors

83

84

Do’s: the InterviewDo:

Collect only job-related information

Concentrate on past behaviour/experiences

Use more than one interview

Treat all candidates equally

Do:

Have a checklist of ?’s

Provide job-related information

Compare impressions with others on committee.

See sample interview questions

Don’ts: the Interview

Don’t: Attempt to predict

personality traits

Be guided by initial impressions

Be influenced by single characteristics

Make “Snap judgments”

Don’t: Ask leading

questions

Exhibit personal biases

Dominate the interview

Forget to communicate timelines

85

Human Rights Hiring RulesAny ideas?

87

Info Can’t ask Recommended

Name Maiden name, reference to name origin

Previous names, only if needed to verify past employment / education

Race, colour, ancestry place of origin

Place of birth, citizenship, racial origin, next of kin

Legally permitted to work in Canada

88

Info Can’t ask Recommended

Gender, marital status, family status

Plans for marriage, family childcare, gender, marital status

Availability for work including shift work, travel

Languages Ability in languages not required for job

Ability in language required for job

Age Specific age Old enough to work legally

89

Technical Questions Relate to the specific technical information

that is required on the job.

Could be on a written test if a specific level of skill is needed

Provide evidence that a person MAY have the knowledge that is required. (Not possible to ask about every task)

Do NOT predict whether a person will choose to use their skills and knowledge on the job.

Interview Questions

Technical QuestionsExamples: What information would you need

to open a personnel file in?

How would check the system to determine the length of someone’s years of service?

What process would you follow to pay an invoice?

90

Interview Questions

91

Value or Interest Questions

A type of opinion question, these ask what is important to the candidate.

May help in determining fit with the organizational culture.

As with opinion questions, some candidates may be very astute in picking up what you want to hear.

Interview Questions

Value or Interest Questions

Examples:Why do you want to work here?

What is important to you?

Where do you want to be in 5 years?

92

Interview Questions

93

Exercise: Interview Questions

Develop one Behaviour Description question and one Situational Question for the position your group has considered. Discuss what an ideal response would be for one of the questions.

94

Exercise: How would you find out?

Work environment they find comfortable Relevant experience Track record Education Technical know how Transferable skills Unique skills Personal characteristics Extra curricular activities

Which of these areas will help you predict performance?

OrientationCreate an orientation checklist so

new hires can transition quickly into their new environment. Tour of officeImportant numbersWho they will have to develop relationships

withBreaks – where & whenPay & benefits info (faq’s sheet)Job descriptionMake them feel welcome and part of the team

95

Group Activity 1

You have hired your ideal candidate for an administrative assistant position and within the first few days you have noticed some gaps between what they said and what they are doing.

96

Problems

The employee did not know how to open a commonly used word program to create labels

Problems opening and using other Microsoft programs.

97

Problems cont…

Very pleasant telephone manner but unable to communicate the importance of the project you are working on

Asked if they should start evening cleanup 1 hour before scheduled quitting time with important documents not completed

98

Problems cont…Files that were to be completed that day

(quick small tasks) were not completed by the end of day

Must explain tasks 2 or 3 times before the new ee understands what needs to be done

Chatting on internet when a lot of time sensitive work needs to be done

99

Problems cont…First day of

employment new ee was over an hour late with no phone call to state this would be the case or what the problem was

Asked for 2 days off on first day for the following week

100

What Happens Next???What approach would you take to

handle these issues?

How would you address these problems?

What would you do in this situation?

Is a few days enough time to know if the ee misrepresented themselves?

101

Group Discussion

As a group, how do you feel this should be handled? Termination or patience?

If immediate termination is the answer, does the ee or the er have a chance to learn and grow?

102

Group Discussion cont…

If a discussion with the ee is the answer, would you address it in a positive manner, monitor the situation and see if there is a noticeable improvement?

103

Group Activity 2

Hearing that Wal*Mart was Hiring, your newly hired HR Assistant, who has an attitude, sent the Wal*Mart HR Director a letter demanding that they hire and train community members.

104

Divide into small groups

How would you respond if you were the Wal*Mart HR Director?

How would you respond if you were the HR Director for the community organization?

105

Role PlayChoose a spokesperson

•Role play begins

106

Facebook and PrivacyCanada leads the chargeUniversity of Ottawa studentsCanada’s Privacy CommissionerThird party game providers250,000 Facebook users impacted

worldwideYeah Canada!

Privacy 101

108

Employee InformationOrganizations may collect personal

employee info without consent if the individual is an employee of the organization, or the info is for recruiting purposes

Orgs may not collect personal info unless the collection is for reasonable purposes and is related to the employment or volunteer work relationship

109

Recruitment

110

Recruitment At hire – opportunity to

have employee consent to use of their info while employed and after

If the ee is not hired, the org must destroy the info, or give it back to the person, unless person consents otherwise

If keeping resume on file, say for how long, then

destroySource Bill 44

111

Definition of EmployeeIncludes apprentices, volunteers,

participants, students, and individuals under contract to an organization

Your policy should include all

May wish to include your Board of Directors as well

112

Employee calls in sickEr may ask for general

info necessary for operation of the position

How long the employee is expected to be away and return date

Doctor’s noteNo diagnostic info

please 113

Reference ChecksOnly an individual’s name and title

is public, most other info requested during a reference check is considered personal

Many orgs have chosen not to provide references of any kind, even prior to privacy legislation, due to the potential risk of litigation

114

Old Legal Proverb

A closed mouth gathers no feet!

115

Little risk of privacy implications with this approach, however, it may not be in the best interest of your org

The goodwill of your org in the minds of former ee’s who left on good terms may suffer, as they may have difficulty securing employment without a reference

116

Morale – be reasonable, get consent

Rule of thumb – state facts not opinions, don’t say anything you wouldn’t say to their face

Try to control ee’s providing references directly – control the flow – tough to do, but worthwhile

117

You may with to confirm employment dates, titles and salaries only, with the provision of a signed authorization by the former ee

May be done at time of request or included at employee hire

Have departing ee’s complete a standard Reference Authorization Form detailing what specific info you can release, to whom and for how long

118

You receive a call from a potential er requesting a reference

Prudent to request that they provide you with authorization in writing from the former ee via fax, unless you have authorization on file

Compare signatures on file

119

EAPEr should not get involved in EAP Be very careful about release of any

infoEAP counsellor usually owns the info

under contract, and the er should not have ANY access, except in very specific situations like return to work, or danger, or managed referrals

EAP counsellor should obtain consent from ee 120

Mortgage or Loan Request

Info like status (full time or part time), date of hire, salary is personal

The ee would specify exactly what info is to be released and to whom

Handle in hire letter

121

Duplicate Personnel Files

Managers often keep personal notes and info about staff in duplicate files

Risky practice from more than just a privacy perspective

Should an ee file a complaint under Human Rights, Employment Standards or launch a civil suit against an er, all documents are subject to subpoena and disclosure

HR File Audit – Boy Scouts say it best, “Be Prepared”

122

Access to ee InfoDiffering depts need different info

about an ee

Not all need to see everything

Segregating certain types of ee info as separate files or within the file with different access protocols would help

123

What sticky issues are you having?

124Open discussion

125

We would like to thank you for the opportunity to meet with you today!

Questions?

lisa@hylton.ca

chris@hylton.ca

CG Hylton - ServicesHR Consulting Job DescriptionsSalary gridsWellness at workStaff morale trainingClassification

systemFree & easy to

understand (NOC)

Benefits, pensions, EAP

Strategic planning

WorkplansHiring processHR policiesDept policiesChief & Council

compensation126

Some of our Clients Siksika Resource

Developments Ltd Siksika Child & Family

Services Tsuu T’ina Nation

Administration Dept Tsuu T’ina Finance

Dept Treaty 7 Tribal Council Ben Calf Robe Society Samson Management

Ltd

127

Some of our Clients Siksika Resource

Developments Ltd Siksika Child & Family

Services Tsuu T’ina Nation

Administration Dept Tsuu T’ina Finance

Dept Treaty 7 Tribal Council Ben Calf Robe Society Samson Management

Ltd

YK Dene First Nation Paul First Nation Louis Bull First Nation Saddle Lake First

Nation Ermineskin First Nation Champagne Aishihik

First Nation MacLeod Lake Indian

Band Metis Settlements of

AB

128