ARTICLE 17 EXCUSED/UNEXCUSED ABSENCES AND TARDINESS
17.1 The Company and the Union agree that prompt and consistent attendance is an important part of the performance record each Officer builds from the day they are hired. The success of an Officer depends in large measure on how well he performs the job each day. Attendance in a detention environment is essential to providing for the safety and security of the facility and providing the services required of the Company and the Client. Officers are expected to work their scheduled shifts and if unable to do so, to follow certain guidelines that will assist their fellow Officers and facility Management to meet contractual post assignment obligations.
17.2 The processes below allow for a number of occurrences of tardiness and/or unexcused absences before any discipline is administered, because it is recognized that a reasonable amount of absence due to a bona fide sickness or emergency situation is often beyond the control of the Officer. On the other hand, the parties agree that the facility is entitled to a reasonable degree of regularity in the attendance of Officers, and that disciplinary action is proper for failure to adhere to a reasonable attendance standard. Therefore, procedures contained in this Article will be consistently applied to all Officers.
17.3 All absences from work, other than those allowed in this Agreement will be considered unexcused absences. Unexcused absences will result in progressive disciplinary action that could lead to discharge. Officers will not be required to forfeit Vacation Time to compensate the Company for an unexcused absence.
17.4 Excused absences are those absences that have been approved in advance by the Officer’s supervisor. Examples of an excused absence are vacation time, jury duty, bereavement leave, etc. The provisions of this Article do not apply to the conditions required by state or federal regulations i.e., FMLA, Military Leave, or other governing statutes.
17.5 An unexcused absence is defined as any absence from work that has not been preapproved by the Officer’s Supervisor. An example of an unexcused absence is calling off a scheduled shift less than four (4) hours prior to their scheduled reporting time. A rolling six (6) month period is the applicable period of time within which occurrences are counted under this section. Each separate time an employee is absent is counted as one “occurrence” and the Officer will receive three (3) points for each occurrence. Consecutive days of absence for the same reason will count as only one “occurrence” except as provided in Section 17.5 (e) below. Each time an Officer is tardy he will receive one (1) point.
All absences from work, other than those allowed in this Agreement (i.e. vacation, bereavement leave, jury duty, etc.) will be considered unexcused absences. Any Officer who’s established attendance record or circumstances of any absence are questionable may be required by the Company to produce evidence of illness.
Unless an emergency occurs which prevents the giving of notice that the Officer is unable to work his scheduled shift, the facts and circumstances of which may require verification, the Officer shall personally notify the shift supervisor at least four (4) hours before the scheduled beginning of his shift. If possible, Officers shall give earlier notice.
If any Officer is absent for three (3) consecutive workdays or if the illness occurs in conjunction with an Officer’s excused absence, proof of illness in the form of a doctor’s medical certificate may be required. For absences of less than three (3) days, a doctor’s certificate may be required if the Company has reasonable grounds to believe that the Officer has been, or is, abusing this process. Any misrepresentation will result in discipline as outlined in Article 14.
Patterns of unexcused absences, such as calling in before or after: days off, paydays, company holidays or functions, scheduled vacation days, calendar holidays or other events, will cause Officers to come to the attention of their supervisors who will discuss the issue with them, set expectations for future performance and begin the progressive disciplinary process as outlined in Article 14.
As noted in Article 5.3, any Officer who is absent for a period of three (3) consecutive days without notifying their supervisor or higher authority will be considered as having abandoned their position and their employment will be terminated.
17.6 Tardiness is defined as failing to report for duty at the scheduled reporting time within the parameters established by the time keeping system.
17.7 All Officers will start with a zero point balance upon ratification of the CBA. A rolling six (6) month period is the applicable period of time within which occurrences are counted under the procedure. An Officer’s record of points for absenteeism and tardiness occurrences will be tallied, tracked, trended and reported continuously through the Company’s information systems. Each individual point will be verified for validity before each disciplinary action is issued.
The following accumulative total points received during the rolling six (6) month period are considered thresholds in terms of when disciplinary action may be taken:
3 points ———- Coaching
6 points ———- Counseling
9 points ———- Written Reprimand
12 points ——– Final Written Reprimand
15 points ——– Dismissal
17.8 The Company reserves the right to discharge Officers who, in its opinion, demonstrate a continuing pattern of abusing this process.
17.9 As an incentive for Perfect Attendance, Officers have the opportunity to earn two (2) Perfect Attendance Days per year. If an Officer has Perfect Attendance for a six (6) month period between January 1 and June 30 or between July 1 and December 31, they will receive one personal paid holiday for each period. The holiday must be taken within the six (6) month period following the award. Officers must inform their supervisor at least two weeks in advance of taking any earned paid personal holiday. Perfect Attendance is defined as having no unexcused absences or tardiness.