For most employees, regular attendance is a key job function. 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 medical events.
- The ADA may require you to suspend or modify your attendance policy to accommodate a disabled worker.
Bottom line: If an employee is absent from work because of circumstances covered under the FMLA or ADA, you can’t discipline for the absence under your regular attendance policy.
Also, state laws may affect your ability to discipline or terminate employees for excessive absences.
While personal illness accounts for 34% of unscheduled absences, 22% are due to family issues, 18% to personal needs, 13% to employees’ perception that they are entitled to leave...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- You can discipline for email abuse--just don't thwart 'concerted' or 'protected' activity
- Lawsuit: Flight attendants harassed for union roles
- Make sure employee is clear about your system for running and counting FMLA leave
- When essential duties are at issue, OK to base medical exam on FMLA certification