POLICY/INSTRUCTION 7.4.

4/1 ABSENTEEISM

SUPERSEDES: 7.4.4 APPLICABLE TO: All Local 689/922 Employees

1.00 PURPOSE

This policy/instruction (P/I) establishes the Washington Metropolitan Area Transit Authoritys (Metros)
mechanism to address a represented employees unexcused absences. Curbing excessive unexcused
absences is critical to Metros mission of providing safe and dependable service to the riding public and
reducing unnecessary overtime costs.

2.00 SCOPE

This P/I applies to all Local 689/922 Metro employees.

3.00 DEFINITIONS
3.01 Absence Report Official report which tracks all absence occurrences and designates the
absence occurrence as either excused or unexcused.

3.02 Absenteeism Interview An interview between the Workforce Availability Office and an
employee that seeks to mitigate an employees unexcused absences.

3.03 Doctors Certificate A written document signed by a licensed medical professional (not a staff
member) who attended to the employee during the employees absence. The document must
provide the nature of the illness or injury and/or diagnosis, must specify the beginning and ending
dates that the employee was under medical care and unable to work, as well as the date that the
employee may return to unrestricted work.

3.04 Excused Absence An employees absence from work that is scheduled and approved in writing
by an employees supervisor at least three scheduled workdays in advance of the employees
requested leave. An employee must provide notice as soon as practicable, but no later than three
scheduled workdays in advance of the date of the absence. The three-workday advance notice
is not required in order for an absence to be excused in (a) through (j) below.

(a) The Family and Medical Leave Act of 1993 (FMLA): Absences which have been certified
by Human Resources as covered under the FMLA, provided that an employee gives
proper notice of FMLA leave consistent with the requirements in P/I 7.5.7 Family
Medical Leave. Failure to provide Metro with proper notice (as defined) will result in the
absence being determined an unexcused absence.

(b) Americans with Disabilities Act (ADA): Absences granted as an ADA accommodation
provided that the accommodation had already been approved by the ADA Office prior to
taking the leave.

(c) Workers Compensation: Leave taken pursuant to an approved and accepted workers
compensation claim.

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(d) Bereavement Leave: Absences granted for the death of a relative, provided that the leave
is taken consistent with the Local 689/922 contract requirements and appropriate
documentation is provided.

(e) Court Leave: Absences granted for jury duty or to serve as a witness for a case in which
Metro is an interested party provided that the leave is taken consistent with the Local
689/922 collective bargaining agreement (CBA) and appropriate documentation is
provided.

(f) Military Leave: Absences granted for performing military service, provided that the leave
is taken consistent with the Local 689/922 contract requirements and appropriate
documentation is provided.

(g) Union Business: Absences granted for performing authorized union business, provided
that the leave is taken consistent with the applicable CBA.

(h) Medical Hold Off: Being withheld from service by Metro Medical Services or Employee
Assistance Program (EAP).

(i) Maternity Leave: Leave shall be used in accordance with the applicable CBA.

(j) Administrative Hold Off: Leave that is used in circumstances that warrant employees to
be held off of work pending further action, unless an employee is being withheld as a
result of criminal charges against the employee.

(k) Pre-Approved Vacation and Floating Holiday: Picked vacation leave that was awarded
during annual pick, floating holiday taken as prescribed in the CBA, or any request for
vacation leave which has been excused by a supervisor no less than three scheduled
workdays prior to the requested leave date.

(l) Pre-Approved Sick Leave: Sick leave that was requested by an employee in writing and
approved by a supervisor, no less than three scheduled workdays prior to the requested
leave date.

3.05 False Absence Report A report of absence due to illness or injury made by an employee or
an employees authorized representative that is later discovered to be false.

3.06 Fraudulent Documentation Documentation that has been created, altered or replicated by
someone other than the stated author or licensed medical professional.

3.07 Occurrence Each instance of absence, regardless of duration.

3.08 Unexcused Absence An employees absence from work that is not scheduled and approved
in writing by an employees supervisor at least three full scheduled workdays in advance of the
employees requested leave. Unexcused Absences can include, but are not limited to the
following types of absences: holidays for which the employee is scheduled to work; overtime for

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which the employee is scheduled to work; failure to return to work from a scheduled break; and
departing from work early without prior approval that meets the excused absence criteria.

3.09 Year A rolling 12-month period. The 12-month period is calculated backward from the date of
the occurrence.

4.00 RESPONSIBILITY

4.01 The GM/CEO is responsible for delegating management authority to qualified program officers
and authorizing the re-delegation of authority to other qualified Metro employees. The GM/CEO
is also responsible for establishing a system of accountability for responsibilities under this P/I.
The GM/CEO exercises this delegation authority as stated in the following parts of this Section
4.00.

4.02 Day-to-day management and overall compliance with this P/I is within the Office of Workforce
Availability. Workforce Availability Coordinators and management officials in this office are
responsible for interviewing employees identified as incurring multiple absences; evaluating such
absences against established thresholds and issuing corrective memorandums; counseling
employees; and making recommendations regarding administrative actions to field management
when employees continue with unsatisfactory attendance beyond the outlined corrective
measures. They are also responsible for ensuring that this P/I is administered fairly and
consistently by supervisors and managers.

4.03 Supervisors and managers of Locals 689/922 employees are responsible for reviewing,
understanding and enforcing this P/I and the associated procedures. Any disapproval of a request
for excused leave (other for those requests that exceed an employees available leave balance)
must be explained and documented in writing to the employee.

4.04 Medical Services is responsible for receiving doctors certificates to substantiate sick absences
and notifying Divisions of approval for payment when an employee is eligible.

4.05 Employees are responsible for maintaining a satisfactory attendance record; for being present for
work at the beginning of the designated work shift; and to work the entire shift. The ability to
comply with this P/I is a condition of employment.

5.00 PROCEDURES

5.01 Excessive Unexcused Absences: Employees who accumulate multiple unexcused absences will
be subject to disciplinary action up to and including discharge. Supervisors must evaluate an
employees attendance record and administer discipline as follows:

(a) First Warning: A first warning is triggered when the employee reaches their third
unexcused absence occurrence in a year. When an employee reaches the first warning,
the supervisor will counsel the employee on their unexcused absence record.

(b) Second Warning: A second warning is triggered when an employee reaches their sixth
unexcused absence occurrence in a year. When this happens, the supervisor will issue
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a written warning and issue a one-day suspension without pay. A copy of this written
warning will be sent to the Office of Workforce Availability so that an absenteeism
interview can be scheduled and conducted.

(c) Third and Final Warning: A third and final warning is triggered when an employee reaches
their ninth unexcused absence occurrence in a year. When an employee reaches this
level, the supervisor will issue a final written warning and issue the employee a three-
day, unpaid suspension.

(d) Discharge: Discharge is triggered upon the tenth unexcused absence occurrence in a
year. However, prior to termination, the supervisor must review the employees case with
the Workforce Availability Office.

(e) 24-Month Cap: An employee will be discharged if he or she accumulates 15 or more

unexcused absence occurrences in a rolling 24-month period, regardless of the number
of warnings the employee has accrued under Sections 5.01 (a) - (d).

5.02 Reporting Requirements:

(a) Even when an absence is unforeseeable and will be counted as an unexcused absence
occurrence, employees must still report the absence as per the Attendance Reporting
Procedures.

(b) For absences of one week or less, the employee will report the absence to the designated
official each day of the absence for the first seven days unless the official affirmatively
establishes a different reporting schedule. For absences in excess of one week, the
employee will report the absence at the beginning of each week unless the official
affirmatively establishes a different reporting schedule. Such report shall include the
current medical status of the employee and a prognosis for return to duty (if known), and
a telephone number or address where the employee can be contacted during the period
of illness.

(1) Doctors certificates are required during prolonged absences (any absence which
exceeds seven consecutive calendar days or longer) and must be sent to Medical
Services via email or fax. Employees whose absence has been approved by the
FMLA Office are excluded from this requirement.

(2) The FMLA Office will decide the appropriate check-in requirements for
employees on FMLA leave.

(c) If an employee fails to follow the reporting requirement listed in 5.02 (b), the supervisor
will telephone and send letters to the employees phone number and address on file in
the official employee records. Failure of an employee to return phone calls or answer two
consecutive certified letters (mailed to the address on record) within a 12-month period
will result in automatic discharge.

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(1) Employees are responsible for keeping their official records up to date as outlined
in P/I 7.3.1 - Official Employee Records. In addition, employees are also
responsible for ensuring that their division personnel file stays up to date at all
times. Employees must notify their supervisor (in writing) whenever there is a
change in address or phone number.

(2) Employees must return telephone calls and respond to certified letters
concerning absences within 24 hours of receiving those contacts.

(d) Full-time employees are not to engage in outside employment that will interfere with their
ability to work safely or maintain a satisfactory attendance record. Furthermore,
employees must not be absent from Metro in order to work outside employment.

Employees must disclose (in writing) all outside employment to their supervisor within
five business days of receiving such employment.

5.03 Documentation Requirements:

(a) An employee must submit a doctors certificate for each sick absence in excess of three
consecutive days and for each sick occurrence in excess of four occurrences in a rolling
12 month period.

(b) Medical Services will be the single point of contact to receive all doctors certificates to
substantiate a sick absence, as well as provide approval for sick leave payments (when
warranted). Therefore, employees should not provide doctors certificates or medical
documentation to their supervisor.

(c) A doctors certificate must be signed by a duly qualified physician or healthcare provider
who has attended to the employee during the period of his/her injury or illness. The
certificate should state the nature of the illness or injury and/or diagnosis, the beginning
and ending dates the employee was under medical care and the date when the physician
considers the employee able to resume unrestricted duties. The physician/provider must
be a graduate of accredited professional schools in their respective fields. The certificate
must be on the medical providers letterhead or Metro Doctors Certificate for Medical
Absence Form and free from changes and erasures.

(1) When returning to full duty, the doctors certificate must state that the employee
has been cleared to return to work without restrictions and give the effective date
of the release.

(2) If a doctors certificate includes restrictions, the certificate must clearly state
those restrictions and the estimated duration of those restrictions. The doctors
certificate should also include a prognosis for a return to full duty work or detail
when the next follow up appointment is scheduled.

(d) Whenever a doctors certificate is required to substantiate a sick absence for the
employee or a family member, the employee must fax, email or hand deliver the certificate

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to Medical Services prior to returning to work. The doctors certificate must clearly indicate
the employees identification number at the top of each doctors certificates to ensure
proper routing. Employees will not be paid any leave entitlements until Medical Services
reviews this documentation and notifies the employees Division of proper coverage for
payment of sick leave benefits. A return to duty certificate or confirmation of coverage
from Medical Services to the supervisor is required prior to an employee resuming work
activities of a safety-sensitive nature.

(1) Employees must report in person to Medical Services for a return to duty exam
whenever their absence exceeds five work days or is required as per the Medical
Return to Duty Guidelines found under Appendix A.

(2) If for any reason the doctors certificate is deemed insufficient, Medical Services
will notify the supervisor, and the employee will have 24 hours to provide the
appropriate documentation or will be subject to disciplinary action as per section
6.00 of this P/I.

(e) Metro has the right to establish the validity of an absence occurrence that it believes has
not been made in good faith by an employee. If an objective and well-founded belief exists
to doubt an employees stated reason or duration of a sick absence, Metro may require
that an employee submit a doctors certificate and/or medical records related to the illness
or injury to Medical Services; regardless of the number of days the employee has been
off of work or the number of sick occurrences that the employee has accumulated. When
exercising this right, Metro must inform the employee as soon as possible about the need
to provide a doctors certificate prior to returning to work.

(f) Employees who must be cleared by Risk Management (when returning to full duty after
work related injury/illness) must do so in person. After the return to duty certificate is
issued, a copy of that certificate must be immediately given to the supervisor upon
reporting to work. Employees must return to work on their stated release date.

(g) An employees failure to return to work on the release date given on the doctors
certificate or return to duty form issued by Risk Management or Medical Services may be
considered an unexcused absence occurrence or an AWOL (as per the Attendance
Reporting Procedures), depending on if and when the need to take leave beyond the
return to duty date is communicated.

(h) All absence occurrences will be documented on an Absence Report and will be kept in
the employees personnel division file. In the event of a sick occurrence, a copy of the
Absence Report will be emailed to Metro Medical Services within 24 hours.

(i) Failure to comply with these documentation requirements will result in disciplinary action
as outlined in section 6.00 of this P/I.

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5.04 Fitness for Duty:

(a) When an employee has an injury or illness that may interfere with an employees ability
to perform the essential functions of the position, the supervisor should refer the
employee to Metro Medical Services, the FMLA Office or Metros ADA Compliance
Program Manager.

(b) When an employee appears to be unfit for duty because he/she may be a direct threat
(i.e., a significant risk of substantial harm) to the public, the employee him/herself or
another employee, the employees supervisor should immediately remove the employee
from service and will refer the employee to Medical Services. Medical Services will
determine whether the employee must undergo a medical evaluation.

5.05 Leave without Pay:

In cases of emergency and only with supporting documentation, supervisors will have the ability
to excuse an employee up to two days without pay in a rolling 12-month period, when insufficient
leave balances exist. These absences will be considered either unexcused or excused based on
the parameters outlined in section 3.00 of this P/I.

6.00 ENFORCEMENT

All disciplinary actions under this section are calculated based on a rolling 12-month period.

Excessive Unexcused Absence Occurrences:

Violation: Discipline:

3 Unexcused Absence Occurrences in

Supervisory Counseling
a rolling 12-month period

6 Unexcused Absence Occurrences in Written warning, one-day suspension and referral to Office of
a rolling 12-month period Workforce Availability Office for absenteeism interview

9 Unexcused Absence Occurrences in

Final warning and three-day unpaid suspension
a rolling 12-month period

10 or more Unexcused Absence

Occurrences in a rolling 12-month Discharge
period

15 or more Unexcused Absence

Occurrences in a rolling 24-month Discharge
period

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Non-Compliance with Doctors Certificate Requirements:

Violation: Discipline:

1st Occurrence Denial of pay and written warning

2nd Occurrence Denial pay and 5-day suspension

3rd Occurrence Discharge

Failure to Return Phone Calls or Respond to Two Letters (mailed to home address on file)
Within 24 Hours of Receipt:

Discipline:
Violation:
Requests employee to make contact with the division by date
1st Letter Mailed
provided. If no contact is made by due date

Final notice to comply; requests employee to make contact with the

2nd Letter Mailed division by date provided and states that it serves as a final notice
to comply. If no contact is made by due date

Notifies employee of two prior attempts by mail; discharge for failure

Termination Letter to comply with written instructions and allocation of points due to
AWOL under ARP

Failure to Undergo a Medical Evaluation or Provide Medical Documentation

requested by Metro:

Violation: Discipline:

1st Offense in rolling calendar year Written warning and final notice to comply

2nd Offense in rolling calendar year Discharge

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Failure to Report for an Absenteeism Interview After Notification by a Supervisor:

Violation: Discipline:

1st Offense in rolling calendar year Written warning and final notice to comply

Discharge for failure to follow verbal and written instruction from a

2nd Offense in rolling calendar year
supervisor

Other Violations:

Violation: Discipline:

Falsification of required documents or

Discharge
filing a false sick report

Failure to return to duty following Will follow Attendance Reporting Procedures AWOL; or will be
written notification to do so by Medical counted as an Unexcused Absence depending on if and when any
Services or Risk Management. notification was made to the supervisor by the employee

7.00 EXCEPTIONS

Nothing in this P/I will diminish the rights or remedies of employees pursuant to any applicable federal
law, such as the FMLA or the ADA, provision of the U.S. Constitution, Collective Bargaining Agreement
or other Metro P/I.

8.00 RELATED POLICIES, REGULATIONS & RESOLUTIONS

8.01 P/I 7.5.7 Family and Medical Leave Act (FMLA)

8.02 P/I 7.3.1 Official Employee Records

8.03 The Attendance Report Procedures for Local 689 (ARP)

8.04 P/I 7.1.3 Americans with Disabilities

8.05 Genetic Information Nondiscrimination Act of 2008 Title II, (GINA)

9.00 LIST OF APPENDICES, ATTACHMENTS OR FORMS

Appendix A Return to Duty Guidelines

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