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Attendance policies: Control absenteeism without breaking the law

by on
in Employment Law,Firing,FMLA Guidelines,Hiring,Human Resources

Regular attendance is a key job function for most of your employees. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the following:

  • The FMLA requires organizations with 50 or more employees to grant eligible employees up to 12 weeks of unpaid leave for qualifying events such as pregnancy, childbirth, adoption, family illness or personal illness. You cannot use FMLA leave as the basis for any employment actions, including firing, hiring, promotions or discipline. Employers that use “no-fault” attendance policies often find themselves in court because an employee claims that a past absence was in fact FMLA leave.
  • The ADA may require you to suspend or modify your attendance policy to accommodate a disabled worker. And, as with the FMLA, you can’t discipline workers who require ADA leave.

Bottom line: If an employee is absent from work because of circumstances ...(register to read more)

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