• An employer may need to take disciplinary action for excessive absences.
• An employee may have legitimate or unexcused absences.
• If an employee cannot fulfill the duties of employment, termination may be necessary.

Nearly all employers establish expected working hours when employees are required to be in the workplace, performing their job duties. Some employers may have flexible working arrangements or allow employees to work from home by telecommuting, but in all cases, employees who don’t put in the required time are less likely to meet other job expectations.

Some absences are protected by laws like the Family and Medical Leave Act (FMLA) and will have to be excused. However, unless otherwise protected, employers can take action against employees who regularly call in sick, show up late, go home early, or take extra time during meal and break periods.

The disciplinary actions will depend on the degree of the problem, company policy, and other factors. As with any disciplinary problem, employers generally begin with verbal and written warnings, then progress through other stages of the company disciplinary policy. Employers may need to determine if some absences are legitimate and others are unexcused.

Legitimate absences may be pre-approved, such as vacation, or beyond employees’ control, such as illnesses or injuries. Although legitimate absences can become excessive, employers must be careful addressing the issue with disciplinary action, especially if the employee has a disability protected under the Americans with Disabilities Act (ADA), or if the absence is covered by the FMLA.

Dealing with recurring legitimate absences should begin with interviews and counseling. If necessary and possible, consider a transfer to another position that supports the employee’s availability. Be aware that forcing a lower position on an employee might be construed as discipline and subject to challenge if the employee is protected by the ADA, FMLA, or similar state statutes.

Unexcused absences might include abuses of company policy, such as sick leave, and can be addressed with appropriate disciplinary action. For example, if an employee has a habit of calling in sick on days that she was denied vacation, the employer can take action based on suspicion of sick leave abuse, even without proof.

A pattern of absenteeism, as well as actions taken, should be documented. Also, the employer should have proof, or some reasonable evidence or suspicion, that the employee is abusing privileges. Employers should not violate the employee’s privacy in obtaining this evidence.

If the employee is unable to fulfill the duties and obligations of employment, termination may become an option. In some states, the employer may need to show not only that the missed work is excessive, but that the employee will continue to miss work.