Leave of Absence

LindaS

We have an employee, who also happens to be our union president, who went out on a voluntary layoff a couple of weeks ago. Due to the nature of the business, things in his department got busier than was initially thought and he was recalled from layoff before his actual recall date.

Yesterday (his first day back) he informed me that he scheduled a vacation next week and wants 3 days off. He is out of vacation time so is requesting a leave of absence.

Based on the current workload we are unable to allow him this time off so he would accumulate points under our attendance policy. This accumulation of points would result in his termination of employment under our attendance policy.

He was informed of this yesterday and informed me that he intended to take this time whether or not we approved it and felt the company was making a poor decision because his termination would result in the department being even more behind until a replacement could be trained. He is correct in his thoughts regarding this situation but I don't see any other options.

Any advice?

Balloonman

You might point out to him that if he would have had good attendance he would not be in this situation, and that while in the short term it may make it harder on the department you are sure that by hiring a quality individual that in the long run the department will be better off. I would then reiterate that if he takes the time off, and accumulates the points he will be terminated. I would have a witness to the conversation.
If he takes off fire him and don't think about it for a minute. Sounds like a less than great employee.
My $0.02 worth.
DJ The Balloonman

Hunter1

Since the union president's attendance is so bad that one more absence will result in his termination, I would say that you will be better off in the long run to replace him with an employee who comes to work on a regular basis. Also since you're a regular member of this Forum, I know you have 'all of your ducks in a row', but it seems like this will be a touchy termination. Good Luck

LindaS

I don't think "touchy" is the word for it but our company has terminated a union president before for the same thing (attendance) so it's not an entirely new experience.

jimlegal

Agree with other posts. This person doesn't seem to be setting the example, in fact his actions maybe alerting other employees as to what they should be able to get away with. Although it maybe a problem for this department now, it would be of great benefit to get a quality employee in the department for the long run. If this employee defies the warning, the employee has to go!

lorrie

I agree with the other posts. He is the one who pushed his attendance to the limit, and now his employment is in his own hands. Think of the consequences if you DON'T fire him: Every other employee with an excuse for exceeding the attendance will want the same exception you offer this guy. Nobody is so important that they can't be replaced.

Whatever

I, also, have a union shop. Basic rule of thumb, if you make an exception for anyone,it will come back to haunt you. Since he is well aware of the attendance policy and has been notified that if he takes the time off he will be terminated, then it is, in the end, his decision whether or not he keeps the job. If he takes the vacation, he has to be terminated.

Pork

BY ALL MEANS STICK TO YOUR UNION AGREEMENTS AND COMPANY POLICY!!! The union president is the very one who must lead by example, and if your example is contrary to your union agreements and your company policy, YOU JUST NUKED' YOUR COMPANY'S POSITION ON POLICY AND AGREEMENTS. The union president has set your company up personal gain based on his position of authority and power. He is no different than your lowest paid employee who may not even be a member of the union. Let the chips and procedures fall where they may and deal with the outcome, appropriately, including termination for a violation of company policy. You have no choice and that is your only defense. Pork

LindaS

I wanted to thank all of you for your responses and update:

It looked like we had a pretty solid case regarding the imminent termination of this employee until I spoke with our attorney. He informed me that because we granted him a voluntary layoff for what was initially 3 weeks, even though he (the ee) knew there was a possibility that he would get recalled before that, an arbitrator would probably view this as the ee had a "reasonable expectation" that he would still be off for the dates he scheduled his vacation. The attorney did not advise us against terminating but did not sound overly optimistic about our chances of winning. Stinks huh!!!

Needless to say we re-thought our position. We have decided NOT to grant him the time off as a leave of absence but NOT to teminate either. He will be allowed to go and will be returned to work "at the edge" regarding his attendance. He will be required to serve his suspension in-house and has to go until August 12 before he "drops" any points on his attendance record.

I have a very frustrated supervisor and plant manager right now but, as I've been told before and told these guys, give the employee enough rope and he'll hang himself!!!

Thanks again for your advice but when you are in a VERY pro-employee state, things that seem clear can suddenly become very mucky!