The focus of this paper is on innocent absenteeism due to disability and the implications for employers. This paper will discuss recent developments in the law and provide recommendations with respect to maintaining attendance management programs. We begin with an explanation of the legal framework, including a definition of the term “disability”. This general discussion will be followed by a review of two recent cases dealing with chronic innocent absenteeism that assist in defining the nature of employer and employee obligations in this area. Finally, we discuss the implications of the decisions on the workplace generally and attendance management programs specifically.

Read more by clicking the download button.