THE LAW. Regular attendance is obviously a key job function for most of your employees. But despite your freedom to set and enforce attendance rules, you also face key legal hurdles to your attendance policy, including:
TheAct ( ) says organizations with 50 or more employees must allow eligible employees to take up to 12 weeks of unpaid leave for qualifying events. Because the law bans you from discriminating against employees who use , you can't consider FMLA leave as a negative factor in employment decisions, such as hiring, firing or promotions. Nor can you discipline workers for missing work because of FMLA leave.
The Americans with Disabilities Act (ADA) may require you to suspend or modify your attendance policy to accommodate a disabled worker. And you can't apply your attendance rules as a way to discipline a disabled employee.
Bottom line: If an employee is absent ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- How to Write Meeting Minutes
- New law: N.Y. employers must spell out pay for new hires
- Union security clauses are enforceable in Michigan—Non-Dues payer can be fired
- Good news: EEPA does not include retaliation claims
- Health care reporting: What you need to do now