Minnesota Department of Corrections

Policy: 103.035 Title: Tardiness and Failure to Report to Work

Issue Date: 2/19/13

Effective Date: 3/5/13

PURPOSE: To provide guidelines for addressing incidents of employee tardiness and failure to report to work (no call/no show).

APPLICABILITY: Minnesota Department of Corrections (DOC), department wide. Newly hired employees on probation and employees serving discretionary probationary periods may be non-certified for tardiness and failure to report to work and do not need to progress through the steps outlined in this policy.

POLICY: Management addresses instances of employee tardiness and no call/no show in a fair, impartial, and consistent manner. Punctuality and reliable attendance is essential, particularly in positions covering 24/7 operations where employees relieve outgoing employees. Tardiness and no call/no shows are detrimental to operations, impact operational safety and security, and may result in forced overtime for other employees. Employees failing to meet standards are subject to corrective action including progressive discipline.

DEFINITIONS:

De minimus – five minutes or less.

No call/no show – failing to call in within the first 15 minutes of the start of an assigned shift, failing to call and reporting to work more than 15 minutes after the start of an assigned shift, or failing to report for an assigned shift.

Tardy – calling in prior to or within the first 15 minutes of the start of a shift to report arrival at work after the designated start of an assigned shift or reporting to duty within the first 15 minutes of the start of the shift without calling to report late arrival.

PROCEDURES:

A. General attendance expectations - in all situations, management has the right to expect employees to notify the watch commander or the immediate supervisor, as applicable, if the employee is going to be late to work. Employees are expected to provide a truthful and forthcoming reason why the employee will not be reporting to work as scheduled.

1. All employees are expected to be prepared to begin working promptly at the start of their scheduled work time. Exceptions include pre-approved schedule changes or other work related obligations.

2. Management has the right to investigate to determine why an employee reported to work late or not at all.

B. Tardiness

1. Authorized tardy – unforeseen emergencies

a) If an employee is tardy and he/she would like the tardy to be considered an unforeseen emergency, the employee has three calendar days to provide his/her supervisor with additional information and/or documentation regarding the absence.

b) If the tardy is determined by the supervisor, in conjunction with the executive team and human resources management, to be an authorized absence due to an unforeseen emergency, the employee is allowed to use appropriate accrued leave or compensatory time, if available, for the absence.

2. Unauthorized tardy

a) If the tardy is determined not to be an authorized tardy, the employee receives “no pay” for all time not worked; unless the unauthorized tardy is less than five minutes, which is considered de minimus and does not affect the employee’s compensation.

b) Any incident of unauthorized tardiness, even if de minimus, results in the administration of corrective action or discipline as follows:

First incident	No action – unchallenged
Second incident	Supervisory conference (AFSCME contract requires written documentation)
Third incident	Oral reprimand
Fourth incident	Written reprimand
Fifth incident	One day suspension
Sixth incident	Three day suspension
Seventh incident	Five day suspension
Eighth incident	Discharge

Note: corrective action or discipline could be at a higher level than listed if the employee has other current discipline. Probationary employees may be non-certified.

c) For each three month period of no incidents of tardiness, the level of corrective action is reduced one level.

Example: An employee is tardy on:

March 10 - No action

March 15 - Supervisory conference

March 21 - Oral reprimand

The employee’s next incident of being tardy is July 2 (more than three months from the March 21 incident) so the action imposed for the July 2 tardy would be an oral reprimand. The corrective action or discipline remains at the same level as previously administered.

Using the above example again, if the employee’s next incident of being tardy is September 30 (more than six months from the March 21 incident), the action imposed would be a supervisory conference.

C. No call/no show

1. Authorized no call/no show – unforeseen emergencies

a) If an employee is a no call/no show for a shift and he/she would like the absence to be considered an unforeseen emergency, the employee has three calendar days following his/her return to work to provide his/her supervisor with additional information and/or documentation regarding the absence.

b) If the no call/no show is determined by the supervisor, in conjunction with the executive team and human resources management, to be an authorized absence due to an unforeseen emergency, the employee is allowed to use appropriate accrued leave or compensatory time, if available, for the absence.

2. Unauthorized no call/no show

a) If the no call/no show is determined not to be an authorized no call/no show the employee receives “no pay” for all time not worked.

b) Three consecutive days of an employee failing to report to work, with no supervisory contact and no subsequent documentation warranting an authorized absence due to unforeseen circumstances is considered job abandonment and treated as a voluntary resignation of employment.

c) Any unauthorized no call/no show results in the administration of corrective action or discipline as follows:

First incident	Supervisory conference (documented)
Second incident	Oral reprimand
Third incident	Written reprimand
Fourth incident	One day suspension
Fifth incident	Three day suspension
Sixth incident	Five day suspension
Seventh incident	Discharge

Note: corrective action or discipline could be at a higher level than listed if the employee has other current discipline. Probationary employees may be non-certified.

d) For each one-year period of no incidents of no call/no show, the level of corrective action is reduced one level, if the prior discipline was a supervisory conference or oral reprimand. No reductions in discipline are made if the employee has received a written reprimand or higher.

e) Extensive leaves, either paid and/or unpaid, and periods of layoff do not count towards the one year of active work status.

Example: An employee has a no call/no show on:

March 10 - supervisory conference (documented)

April 15 - oral reprimand

The employee does not have another no call/no show incident for over a year in active work status. The action imposed would be an oral reprimand. (It remains at the same level as previously administered).

D. Consideration of other disciplinary actions - all other discipline currently in an employee’s personnel file is considered when determining the level of corrective or disciplinary action to be administered for instances of tardy or no call/no show. The presence of other discipline could result in a higher level of corrective action or discipline than covered in the guidelines of this directive.

E. Contract provisions

1. Disciplinary actions are added or removed from employee personnel files based on the applicable bargaining agreement or plan language and established timeframes and procedures.

2. As applicable, contract provisions provide guidance regarding how hours of work are set and these guidelines are applied.

INTERNAL CONTROLS:

A. A written record of current discipline is in the employee’ supervisory file.

REVIEW: Annually

REFERENCES: Policy 103.220, “Personal Conduct of Employees”

Fair Labor Standards Act

Policy 103.030, “Designation of the Work Week”

Policy 103.225, “Employee Investigation and Discipline Administration”

SUPERSESSION: Division Directive 103.035, “Tardiness and Failure to Report to Work,” 7/3/12.

All facility policies, memos, or other communications whether verbal, written, or transmitted by electronic means regarding this topic.

ATTACHMENTS: None

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