Tighten Up That Attendance Policy by Gaining Complete Access to Medical Records...
October 04, 2007
I'm joking. But apparently Delphi wasn't....
I'm fortunate these days not to be a HR pro in an environment where compliance with attendance policies, etc. is a big issue. But if you support a manufacturing group or a call center, dealing with attendance outliers is BIG business. Honk twice if you've worked in a call center or plant that had a "points-based" attendance policy! You know the type of policy I'm talking about, the one where being tardy is worth 1/4 of a point, a full day unexcused is 1 point, blah, blah, blah. If that's you, I feel your pain...
Looking to supplement your stand-alone attendance policy with another show-killer? How about asking employees returning to work from sick time to sign a release to grant full access to their medical records? From the Wall Street Journal on Tuesday:
"The Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against auto-parts supplier Delphi Corp. for asking employees returning from sick leave to sign a release for the company to access their medical information. One employee says he was fired because he refused to sign the release. The employee says he allowed Delphi to contact his doctor to verify that he missed two days of work for medical reasons, but he would not sign the release that would allow the company to discuss his particular medical condition with his doctor. The lawsuit alleges that Delphi has been violating the federal Americans with Disabilities Act since 2004 by requiring employees to sign the release."
This just in - asking for more access to medical backgrounds is BAD... Surely this is in a union environment and Delphi muscled up in the last round of bargaining, asking for and receiving what they thought was the "holy grail" of attendance management - access to medical history to confirm reasons for absences.
I can't imagine anyone with employee experience telling them that was a good idea. Didn't asking for a doctor's note provide the normal hardcore standard to control fraudulent sick time? WOW. I'm still trying to get my head around how I would "sell" the need to have access to that level of medical history with a straight face...
Wow. I don't get it. Why do businesses still care WHY people are gone? It's completely useless (unless of course it triggers FMLA or state leave paperwork to flow). It's all about no-fault attendence policies in my opinion (and yes, I support a call center and manufacturing - OH THE PAIN!!). I don't care if you're sick, need a mental health day or have a flat tire. You're gone when you were scheduled to be here and didn't arrange it beforehand. Ding!
Posted by: HR Wench | October 04, 2007 at 09:18 AM
Lawyers must take the Merovingian's approach to discipline so the "why" makes a big difference in the legal world. I loath no fault attendance policies because they are useless in proving misconduct for unemployment denial or defense of discrimination claims. Perhaps if we blessed with HR's foresight, we wouldn't care about causality. No more Matrix allusions, I promise.
Posted by: Michael Moore | October 04, 2007 at 11:40 AM
The thing that kills me about these things is that this is never ONE person's decision. This was a whole bunch of people who sat down and talked and debated this policy. And it still got approved.
So glad I'm not in their HR department.
Posted by: Evil HR Lady | October 04, 2007 at 04:44 PM
One would hope that Delphi could focus on its product and its lingering financial issues instead of whether or not an employee really has the flu. The company has a notoriously poor relationship with its employees.
Get the product and the finances right, and employee attendance (& engagement) will improve.
Posted by: laurie ruettimann | October 05, 2007 at 12:06 AM
Laurie, Evil, Wench -
Agree with all your comments. It's crazy, but we've all seen it before...
Michael - Need more on the Matrix comment. As a huge Matrix fan, tell me more about how that guy's role in the Matrix is like the Employment Lawyer's role in the HR/Corporate world....
Thanks - KD
Posted by: Kris | October 06, 2007 at 02:43 PM