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G.O. 33 LONGWOOD POLICE DEPARTMENT GENERAL ORDER NUMBER: GO - 33 SUBJECT: ABSENTEE POLICY EFFECTIVE: JUNE 15, 2004 REVISED: OCTOBER 1, 2022 GENERAL ORDER ABSENTEE POLICY GO – 33 PAGE 1 OF 3 I. PURPOSE The purpose of this standard is to establish accountability and to control excessive or abusive use of employee absenteeism privileges. II. SCOPE It is reasonable to expect employees to be absent occasionally. However, abusive or excessive use of absenteeism privileges creates legitimate ethical, economic and occasionally safety-related issues for employees and citizens alike. III. EVIDENCE A. Should substantial evidence suggest that an employee’s reasons for being absent are suspect, or the employee is excessively absent, management will take reasonable and appropriate action to correct the problem. B. Substantial evidence is the level of evidence a reasonable person needs to support a conclusion. It is this level of evidence that is appropriate in an administrative setting and will be the standard adopted by the department. Management will not wait until it has proof beyond a doubt or even a preponderance of evidence (as the terms are commonly understood in judicial proceedings) before acting on employee absenteeism. 1. The following is not an exclusive listing of the types of absenteeism that will be considered as substantial evidence. However, these examples are illustrative: a. Short-term sick leave (less than 24 hours) consistently attached to regularly scheduled days off. GENERAL ORDER ABSENTEE POLICY GO – 33 PAGE 2 OF 3 b. Short-term sick leave used in a predictable pattern (e.g., used in close proximity to time earned, using accumulated sick leave beyond the maximum limit allowable). C. If substantial evidence suggests that an employee has abused his or her absenteeism privileges, that employee can expect to be subject to disciplinary action up to including termination. Additionally, should probable cause exist that the employee committed a fraud or any other criminal violation in the use of an absenteeism privilege, that employee can expect to be charged with a criminal violation as well. D. When substantial evidence suggests that an employee is absent because of a possible physical or mental disability, that employee can expect his or her fitness to be evaluated. The purpose of the evaluation is to determine whether the employee is fit to perform the essential functions of her or his position with or without reasonable accommodations. E. In applying this standard, this department intends to comply with the requirements of local, state and federal anti-discrimination laws and any other personnel laws, or administrative regulations or provisions that may exist. IV. BUSINESS NECESSITY A. Controlling absenteeism is a legitimate business necessity and a basic management right. In public safety work, controlling absenteeism is especially important because of the nature of the work and the consistent need to provide public safety services. B. This standard recognizes that employees will be absent occasionally for a variety of reasons (e.g., short-term illnesses, planned vacations, special assignments, military leaves, disability leaves, family leave). These occasions are not intended to be controlled by this policy. Usually these situations can be pre-scheduled. However, when employees create a consistent pattern of absenteeism or become excessively absent, management must react. This is to ensure the ethical and economic values of the department, and the safety of all persons and property. C. Abuse of absenteeism privileges is considered a serious violation of ethical conduct and a possible violation of criminal law. Falsifying absenteeism reports or using a privilege falsely or fraudulently will be dealt with in administrative proceedings and, when appropriate, in criminal proceedings. D. When absenteeism is excessive or creates substantial evidence of abuse, the employees involved can expect to perform one or more of the following actions: GENERAL ORDER ABSENTEE POLICY GO – 33 PAGE 3 OF 3 1. provide a signed Fitness-for-Duty report; 2. cooperate in the development of a performance improvement plan; 3. answer completely and truthfully all questions related to any internal affairs investigation or disciplinary investigation that may result. E. Excessive absenteeism is defined as a level that exceeds management’s expectations for the job. Usually, management will give great deference to the mathematical mean for the appropriate work unit in deciding what is excessive. Because the mean is a middle ground, a 20-percent range (based on the calculated mean) is constructed around the mean to account for variance. F. Employees whose absenteeism becomes excessive, and when abuse is not suspected, can expect management to question their fitness for performing the essential functions of their jobs. Employees can expect to be evaluated for their fitness for duty according to prescribed policies.