Attendance

Scope

Employees, employers, and customers are all impacted by work attendance.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

Attendance problems may include failing to report for work for an entire shift, as well as arriving late and leaving early. Employees miss work for a number of reasons, and those reasons are usually legitimate.

Legitimate absences. Legitimate absences may be pre-approved (such as vacation) or beyond employees’ control (such as illnesses or injuries).

• Addressing issues. 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 Family Medical Leave Act (FMLA).
  • Conducting an employee interview might be necessary to evaluate the situation.
• Considering transfers. The employer expects employees to fulfill the obligations of employment. 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.
• Discipline. Unexcused absences can be addressed with appropriate disciplinary action. The disciplinary action 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.
• Documentation. A pattern of absenteeism, as well as actions taken, should be documented. Also, the employer should have proof that the employee is abusing privileges. Employers should not violate the employee’s privacy in obtaining this proof.
• Termination. Finally, 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.
• Unexcused absences. Unexcused absences might include abuses of company policy, such as abusing sick leave.