Attendance Management Program Was Not Discriminatory, Appeal Court Decides

A National Attendance Management Policy implemented by Correctional Services Canada was not discriminatory, even though it "counted" absences due to illness, a federal appeals court has decided. The decision is a welcome reminder that attendance management programs, if properly drafted, can be legal and permissible.

Correctional Services Canada implemented the attendance management policy in response to concerns about its employees' use of sick time.  The policy was intended to be non-disciplinary, and to be used as a tool to assist employees in maintaining attendance and to help identify employees who might require accommodation from the employer.

Supervisors were required to flag situations in which employees' absenteeism exceeded the 12-month rolling average for their peer group.  If absences were caused by situations requiring accommodation, no further action under the program was needed.