Sec. 17.04.11.26. Attendance Improvement

A. The purposes for monitoring employee sick leave usage are to:

(1) Prevent leave abuse;

(2) Prevent excessive use by ensuring that an employee is attempting to minimize use of leave consistent with medical need;

(3) Determine whether the employee's absence interferes with the employee's ability to perform the essential functions of the employee's position; and

(4) Implement the Family and Medical Leave Act's requirements.

B. In the administration of an attendance control program, an appointing authority may not:

(1) Consider absences taken by the employee which qualify under the Family and Medical Leave Act of 1993 as the basis for any employment action; or

(2) Differentiate between absences for the employee's illness and for the illness of a member of the employee's family.

C. Each appointing authority shall monitor absences taken by an employee for the illness/disability of the employee or members of the employee's immediate family for the purposes set forth in §A of this regulation. When warranted, the appointing authority shall take appropriate action against an employee whose abuse of sick leave or whose absence prevents the employee from performing the essential job functions of the position. Appropriate action may include counseling or discipline.

D. Each principal unit in the State Personnel Management System shall file with the Office of Personnel Services and Benefits, Department of Budget and Management, a copy of the attendance improvement plan before it is adopted by the principal unit.