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 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 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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't fear old, properly resolved complaint
- Establish zero-tolerance policy on violence and threats--but don't count on backup from courts
- Chicago firefighter bias case: $30 million settlement on table
- Caution! Sometimes arbitration costs employers more, not less