Common use of Excessive absenteeism Clause in Contracts

Excessive absenteeism. 2 The parties recognize that every employee has a duty to be 3 reliably present at work, and that failure to confine sick leave usage to accrued and available 4 sick leave raises the possibility of discipline for excessive absenteeism. Such cases, however, 5 are subject to just cause review and require systematic examination of relevant factors, 6 including but not limited to: 7 i. Any legal requirements, including, but not limited to those 8 of the FMLA or the ADA. 9 ii. The tenure and work history of the employee, specifically 10 to include whether there have been previous instances of this pattern of absenteeism. 11 iii. Whether there is a likelihood of improvement within a 12 reasonable period of time based on credible medical evidence. 13 iv. The particular attendance requirements of the employee’s 14 job. 15 v. The pattern of use, and whether the absences are clearly 16 for bona fide sick leave purposes.

Excessive absenteeism. 2 21 The parties recognize that every employee has a duty to 22 be 3 reliably present at work, and that failure to confine sick leave usage to accrued 23 and available 4 sick leave raises the possibility of discipline for excessive absenteeism. 24 Such cases, however, 5 are subject to just cause review and require systematic 25 examination of relevant factors, 6 including but not limited to: 7 26 i. Any legal requirements, including, but not limited to 27 those 8 of the FMLA or the ADA. 9 28 ii. The tenure and work history of the employee, 29 specifically 10 to include whether there have been previous instances of this pattern of 30 absenteeism. 11 1 iii. Whether there is a likelihood of improvement within 2 a 12 reasonable period of time based on credible medical evidence. 13 3 iv. The particular attendance requirements of the 4 employee’s 14 job. 15 5 v. The pattern of use, and whether the absences are 6 clearly 16 for bona fide sick leave purposes.

Excessive absenteeism. 2 22 The parties recognize that every employee has a duty to 23 be 3 reliably present at work, and that failure to confine sick leave usage to accrued 24 and available 4 sick leave raises the possibility of discipline for excessive absenteeism. 25 Such cases, however, 5 are subject to just cause review and require systematic 26 examination of relevant factors, 6 including but not limited to: 7 27 i. Any legal requirements, including, but not limited to 28 those 8 of the FMLA or the ADA. 9 29 ii. The tenure and work history of the employee, 30 specifically 10 to include whether there have been previous instances of this pattern of 31 absenteeism. 11 1 iii. Whether there is a likelihood of improvement within 2 a 12 reasonable period of time based on credible medical evidence. 13 3 iv. The particular attendance requirements of the 4 employee’s 14 job. 15 5 v. The pattern of use, and whether the absences are 6 clearly 16 for bona fide sick leave purposes.

Excessive absenteeism. 2 34 The parties recognize that every employee has a duty to be 3 35 reliably present at work, and that failure to confine sick leave usage to accrued and 36 available 4 sick leave raises the possibility of discipline for excessive absenteeism. Such 37 cases, however, 5 are subject to just cause review and require systematic examination of 38 relevant factors, 6 including but not limited to: 7 39 i. Any legal requirements, including, but not limited to 40 those 8 of the FMLA or the ADA. 9 1 ii. The tenure and work history of the employee, 2 specifically 10 to include whether there have been previous instances of this pattern of 3 absenteeism. 11 4 iii. Whether there is a likelihood of improvement within 5 a 12 reasonable period of time based on credible medical evidence. 13 6 iv. The particular attendance requirements of the 7 employee’s 14 job. 15 8 v. The pattern of use, and whether the absences are 9 clearly 16 for bona fide sick leave purposes.

Excessive absenteeism. 2 4 The parties recognize that every employee has a duty 5 to be 3 reliably present at work, and that failure to confine sick leave usage to 6 accrued and available 4 sick leave raises the possibility of discipline for excessive 7 absenteeism. Such cases, however, 5 are subject to just cause review and require 8 systematic examination of relevant factors, 6 including but not limited to: 7 9 i. Any legal requirements, including, but not 10 limited to those 8 of the FMLA or the ADA. 9 11 ii. The tenure and work history of the employee, 12 specifically 10 to include whether there have been previous instances of this pattern 13 of absenteeism. 11 14 iii. Whether there is a likelihood of improvement 15 within a 12 reasonable period of time based on credible medical evidence. 13 16 iv. The particular attendance requirements of the employee’s 14 job.the 15 18 v. The pattern of use, and whether the absences 19 are clearly 16 for bona fide sick leave purposes.

Excessive absenteeism. 2 29 The parties recognize that every employee has a duty to be 3 30 reliably present at work, and that failure to confine sick leave usage to accrued and 31 available 4 sick leave raises the possibility of discipline for excessive absenteeism. Such 1 cases, however, 5 are subject to just cause review and require systematic examination of 2 relevant factors, 6 including but not limited to: 7 3 i. Any legal requirements, including, but not limited to 4 those 8 of the FMLA or the ADA. 9 5 ii. The tenure and work history of the employee, 6 specifically 10 to include whether there have been previous instances of this pattern of 7 absenteeism. 11 8 iii. Whether there is a likelihood of improvement within a 12 9 reasonable period of time based on credible medical evidence. 13 10 iv. The particular attendance requirements of the 11 employee’s 14 job. 15 12 v. The pattern of use, and whether the absences are 13 clearly 16 for bona fide sick leave purposes.