Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call in after the start of their shifts, they’ll receive two points. What if the reason for an absence is covered by the
A. You can require an employee who misses time for an FMLA-qualifying reason to follow your normal call-in procedures unless there are “unusual circumstances” (such as a medical emergency).
If the employee fails to follow your procedures and there are no unusual circumstances, you can delay or deny or penalize the employee (including docking the points), provided that employees have been made aware of your attendance policy and that you apply your attendance policy consistently.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- You can request new certification at the start of each 'FMLA year'
- You must follow no-Fault absenteeism policy to the letter
- Have business justification for hiring rules that could cause disparate impact
- Even if you're wrong, you can fire employee who's on FMLA