Some of the questions addressed:

• What challenges do attendance management programs currently face in courts and before arbitrators? How does the duty to accommodate affect the traditional rules applicable to discharge for innocent absenteeism?
  
  
• Can regular attendance be demanded of disabled employees? If not, what is an appropriate standard? What factors will arbitrators consider in determining whether absenteeism can be accommodated (frequency, duration, size of staff, nature of position)? What are the union's obligations to the disabled employee?
  
  
• Can discharge for absenteeism be challenged if the cause was a disability that only became known to the employer after the dismissal?
  
  
• Can employers require employees to obtain rehabilitative treatment or to participate in an employee assistance program to improve attendance?
  
  
• Can employers require that employees maintain average attendance? Can automatic penalties be incorporated into an attendance management program?
  
  
• Given the duty to accommodate, when are last chance agreements discriminatory? In what circumstances will such agreements be considered valid? Can these agreements be structured to satisfy the duty to accommodate?
  
  
• In cases of addiction, should a last chance agreement allow for relapses?
  
  
• What are an employer's options when an employee is absent for a brief period of incarceration? Is this "innocent" absenteeism? Is the employee entitled to a leave of absence?