If you haven’t been enforcing your rule requiring absent employees to call in every day, start now. Just make sure employees know you plan to enforce it going forward.
Recent case: Amy, whose son has mental illness, was frequently absent from work. Her employer required employees to call in every day if they were going to be absent. Amy often didn’t. Then the employer started strictly enforcing the policy and eventually fired Amy for violating it.
She sued, alleging that she had really been fired because she neededto care for her son. She argued that because her employer hadn’t fired her earlier for being a no-call, no show, it couldn’t now.
The court disagreed. It said employers can begin enforcing their call-in policies at any time, even if they haven’t always before. (Ritenour v. Tennessee, No. 10-6366, 6th Cir., 2012)