– PLACE ON YOUR DEPARTMENTAL LETTERHEAD –
Dear Mr. NAME:
Please take notice that it is the intent of this office to issue you a non-punitive disciplinary letter that equates to a 3-day suspension. Although you will not miss work or have your pay docked, this non-punitive disciplinary action carries the weight, in terms of progressive discipline, as if you had actually been suspended without pay for three working days. The grounds upon which this disciplinary action is being proposed are in accordance with Section 4 of Civil Service Commission Rule XIII as follows:
A. Absence without Leave. Absence without leave shall mean any time an employee is absent from the workplace without authorization or without an explanation satisfactory to the appointing authority. This includes an employee’s failure to report to work after a leave of absence has expired or after such leave of absence has been disapproved or revoked.
M. Excessive absenteeism and/or tardiness.
You were placed on leave restriction after prior attempts to address your chronic tardiness, poor attendance, and absence without leave, did not result in improved reliability on your part. This leave restriction placed you under several specific conditions that needed to be met in order for you to not only avoid further corrective/ disciplinary action, but also to eventually be removed from leave restriction. Unfortunately, you have continued to have a string of excessive absences, and they form the basis for this proposed disciplinary action.
Most recently, you were issued a Letter of Reprimand on DATE for continued excessive absenteeism, including tardiness. Since then, you have called in with several unplanned absences, including:
- On 10/16/10-10/17/10 you were out for your own illness.
- On 11/6/10 you were out for your own illness.
- On 11/15/10 you called in, stating you were staying home to sleep.
- On 11/16/10 you called in stating you were driving your wife to care for her relative, because she was unable to drive herself.
- On 11/17/10 you called in saying your brother-in-law had taken a turn for the worse and you were stranded in (name of city).
- On 11/20/10 you called in to state you were coming back and would be in to work for sure the next day.
- On 11/21/10 you called in to say you were in a rented car driving back and would be in to work for sure the next day.
- On 11/22/10 you called in stating you were taking your wife to medical appointments and would not be in to work.
- On 11/28/10 you called in to report you would be off work for your own illness until 12/4/10.
- On December 11, 2010 you called and left a message stating you would not be in to work, and should be in the next day.
This is an unacceptable rate of absenteeism, and is far from meeting the expectation as described in your leave restriction of having no more than two unscheduled absences in any three-month period. You are therefore charged with violating Civil Service Rule XIII 4 (M). According to the conditions of your leave restriction, upon your return to work following any unplanned absence, you are required to submit a statement from a licensed health care professional that indicates you or your family member were seen by said professional on the first day of your absence, and you were unable to come to work for any part of the day(s) on which you were absent, due to your or your family member’s medical condition. You did not provide medical documentation for your absences on October 16-17, 2010, November 6, 2010 and from November 15-22, 2010. These violations of your leave restriction constitute violations of Civil Service Rule XIII 4(A).
When deciding to propose this level of disciplinary action, I also took into consideration the fact that previous corrective actions issued to you have not resulted in sustained improved behavior on your part. You have placed yourself in an untenable situation, and it cannot continue to occur. If you do not improve your reliability immediately, and sustain said improvement on an ongoing basis, you will be faced with further disciplinary action, up to and including, dismissal from County employment.
All written materials, reports and documents upon which this action is based are available to you by contacting me. You will further take notice that you have the right to respond either orally or in writing, or both, to the charges contained in this letter. If you wish to respond in writing, (NAME OF SKELLY OFFICER) must receive your response no later than (approximately 7 working days later). If you wish to respond orally, you must contact (NAME) at (650) XXX-XXXX no later than (approximately 4 working days later) to schedule a meeting to be held no later than (approximately 7 working days later). If you do not contact (NAME) or provide a written response by the above dates, it will be assumed that you have waived this right. You have the right to be represented by your union in this matter.
cc: DEPARTMENT HEAD
Donna Vaillancourt, Director, Human Resources Department
Nicole McKay, Employee & Labor Relations Manager
Civil Service Personnel File
Departmental Personnel File