“Before warning or disciplining an employee about the consequences of “excessive absenteeism,” the employer should make sure that it has accommodated Code-related needs that are known, or ought to be known, to the point of undue hardship. Failing this, any letters or discussions suggesting that disciplinary consequences may be applied could be seen to be discriminatory.
A best practice is for employers to clearly refer to their willingness to accommodate Code-related needs to the point of undue hardship, and to request relevant information to allow them to provide such accommodation where they have concerns about an employee’s absences. If the employee fails to provide such information and yet the absences continue, the employer may be entitled to take appropriate disciplinary steps.”
https://www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/11-managing-performance-and-discipline
Make sure you have an attendance management & absenteeism policy in place that covers the process of dealing with employees who are failing to meet your attendance standards.
Attendance Management Program Policy
Absenteeism Policy
Employee Attendance Policy
