• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Drawing the line on tardiness: the legal risks

by on
in Discrimination and Harassment,Employment Law,FMLA Guidelines,Human Resources

Q. We’re having tardiness and absenteeism issues with our employees. If we place an employee on probation for an excessive number of times tardy and days absent, can we require no absences at all during the probation period? —C.V., New Jersey

A. Generally, employers can and should expect regular, predictable attendance from their employees and can discipline those employees for excessive absenteeism or tardiness. But employers must be aware of an important risk: Absences or tardiness related to a disability or serious health condition must be treated differently.

If an employee is “disabled” under the ADA or a state disability discrimination law, the employee may be entitled to a reasonable accommodation of a leave of absence for some period.

For example, if an employee with a qualifying disability is absent due to a flare-up of the illness (or needs a doctor’s appointment relating to his or her disability), you can’t penalize the employee for that tardiness or absence. Similarly, if the employee qualifies for FMLA leave—or a related state leave law—you can’t punish him for absences or intermittent leave related to that purpose. However, be aware that employees, even if disabled, are not entitled to unlimited leave under these laws.

Of course, if these same employees are absent or tardy for a reason unrelated to their disabilities or protected leave, you can discipline accordingly.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3738/drawing-the-line-on-tardiness-the-legal-risks "

Leave a Comment