Excused vs unexcused absences from work and how to handle them

Taming the absenteeism beast: A guide for managers

Managing employee absenteeism can be a real headache for managers and human resources staff. This is especially true during this time of year when people are using extra vacation time to travel home for the holiday or calling out sick more frequently due to cold and flu season. Keeping track of these absences and remembering which ones have been approved takes work.

This is a great time to refresh your understanding of the different types of employee absences and the scenarios that constitute an unexcused absence at work. Explore some examples of excused and unexcused absences so that you can correctly record your employees’ absences.

Types of employee absences

There are generally three types of absences: excused, unexcused, and no-fault absences.

Unexcused absences vs excused absences

Unexcused work absences are typically defined as absences that have not been approved by the employee’s supervisor, manager, or the HR department. Inversely, excused absences are those that have received approval.

Some absences, like sick days, time off to care for a sick child, or bereavement leave for a sudden death, cannot be planned or scheduled in advance.

However, employers can typically excuse these absences as long as the employee provides as much notice as possible and follows the proper call-out procedures.

No-fault absences

The third category is no-fault absences. This absence management approach treats all absences equally rather than categorizing them as unexcused or excused.

This may seem more straightforward from the employer’s perspective, as you won’t have to worry about verifying the reason for employee absences. However, no-fault attendance policies tend to create more problems than they solve for employers.

No-fault attendance management approaches have gotten some employers into legal trouble. Many legally protected leave types exist, such as military and FMLA, and employers may not take adverse employment action against employees who use these types.

Employers that use no-fault point systems for attendance often violate this requirement and may face wrongful termination lawsuits or other complaints.

Examples of excused absences at work

Many absences tend to count as excused absences under most companies’ policies.

Vacation days

Vacations should count as excused absences as long as employees follow the proper PTO request process and obtain approval for their requested vacation dates.

Last-minute personal days (not due to emergency or illness) or an employee’s choice not to show up when their vacation request has been denied may be considered unexcused absences.

Jury duty

Employees cannot control when they are called for jury duty, and employers are legally obligated to grant them time off when summoned. Therefore, employers should always consider jury duty an excused absence.

However, employers should include a policy in their employee handbook alerting employees of their right to time off and stating that they should give advance notice of their need for time off when they receive a jury summons.

Voting

State and local laws vary, but many require employers to give employees time off to vote. Employers typically offer this as a partial-day absence, allowing employees to get to the polls and vote during the day.

Employers should excuse this absence if employees use the time for its intended purpose and do not extend it beyond the allowed time off (e.g., they shouldn’t leave four hours early if the state law and company policy allow two hours off to vote).

FMLA leave

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to twelve weeks of job-protected unpaid leave within 12 months. This leave balance can be taken in one long leave period or broken up and taken as intermittent leave. FMLA leave can only be used for specific family or medical reasons.

• The birth of a child, adoption, or foster placement of a child.

• Taking time off while incapacitated by a serious health condition or while receiving medical treatment for a qualifying condition.

• Caring for a family member with a serious health condition.

• Any qualifying exigency arising from the employee’s spouse, child, or parent’s “covered active duty” military service.

Military leave

Military and caregiver leave are federally protected, requiring employers to count them as excused absences. To comply with applicable laws, employers must also adhere to additional requirements regarding these leave types.

ADA accommodations

The Americans with Disabilities Act (ADA), a federal law, provides equal rights and access for people with disabilities. The ADA requires employers to provide reasonable accommodations. These accommodations are for employees with disabilities.

Specifically, accommodations may include additional unpaid leave. Alternatively, they might include scheduling accommodations.

If an employee requests unpaid leave or changes to their schedule and the human resources team or employer approves it, managers should excuse authorized ADA-related absences.

Examples of unexcused absences at work

Here are some employee absences that employers generally count as unexcused.

No call no shows

No-call no-shows are employee absences in which an employee does not call out or alert their employer that they will be absent. These absences are particularly disruptive to the company and often warrant disciplinary action.

Sometimes, these uncommunicated absences are due to a genuine emergency, but other times, they result from carelessness or poor communication.

In genuine emergencies resulting in a no-call or no-show, employees should provide verification or documentation, such as proof of hospitalization or a police report, to have their absence excused. This ensures a fair and understanding approach while balancing the need for accountability.

Improperly requested time off

If employees know they need time off in advance for pre-scheduled activities like family events, non-urgent medical appointments, or vacations, they need to follow the proper request and approval process. Otherwise, employers may consider their absence unexcused. Employers might not excuse absences that employees could have reasonably requested beforehand.

If employees call out on short notice instead of requesting time off or their specific vacation time request is denied, employers may count it as an unexcused absence.

Unapproved partial-day absences

Leaving early or coming in late without obtaining approval is a common form of unexcused absences. Although not a full-day absence, leaving early or arriving late usually requires employee notification and supervisor approval.

This helps maintain workplace efficiency and ensures adequate staffing levels. Significant tardiness or an unapproved half-day can count toward an employee’s unexcused absences.

FMLA misuse

Occasionally, employees will refrain from using their FMLA leave, resulting in unexcused absences. FMLA misuse can occur in various ways. Employees planning foreseeable FMLA leave, like for a scheduled surgery, must provide their employer with 30 days’ notice or the maximum feasible notice.

Failing to do so or not completing the FMLA certification process diligently could lead to unauthorized absences and potential consequences.

Open communication and procedure adherence are crucial for a smooth FMLA leave process. However, this means employees are not protected under the FMLA and may face disciplinary action.

The other more serious form of FMLA misuse occurs when an employee uses FMLA leave for unapproved purposes. The Family and Medical Leave Act (FMLA) allows absences for specific health conditions.

These include intermittent leave and family caregiving duties, which must be outlined in the employee’s FMLA medical certification.

However, employees cannot use FMLA leave for unauthorized purposes. Unauthorized use can result in disciplinary action, including termination of employment.

Employees should consult their HR department or a legal professional if they have questions regarding appropriate FMLA usage. Remember, using FMLA leave for reasons beyond those approved may violate FMLA regulations. Misusing FMLA leave for unrelated reasons can have serious consequences for the employee.

Suppose an employee requests time off as part of FMLA when absent for another reason. Such as a concert, a common cold unrelated to their FMLA case, or a hangover. In that case, this constitutes FMLA misuse, and employers can consider it an unexcused absence.

Does sick leave count as an unexcused absence?

Employees cannot typically request and receive approval for sick days in advance, but employers generally consider sick leave an approved absence. However, employees can sometimes misuse sick leave.

Employers offer sick leave to support employees facing illness or needing recovery for health concerns. This encompasses mental health days for managing burnout, stress, anxiety, depression, or other mental health conditions.

By utilizing sick leave, employees prioritize their well-being, allowing them to return to work feeling refreshed and ready to contribute effectively.

Ultimately, sick leave is a valuable resource for both employees and employers, fostering a healthier and more productive work environment.

Employers typically intend sick leave for genuine illness or health-related needs, not for hangovers or social fatigue. However, employees may misuse sick leave for these reasons. Frequent absences on Mondays, Fridays, or the day after a holiday can indicate such misuse.

It’s generally best to consider sick days as excused absences as long as they follow your company’s employee sick leave policy. Employees not following sick day call-out procedures may have their absences considered unexcused.

Typically, this applies to team members who use up their sick leave balance and continue to call out regularly without qualifying for FMLA, ADA, or short-term disability leave.

You may also want to institute some guidelines for excusing extended sick leave. For example, many employers require a doctor’s note if an employee calls out sick for three or more days.

State and local laws can vary, so double-check any limitations they may place on requiring medical notes for absences.

Minimize unexcused absences at work by creating a clear attendance policy

Ensuring that employees properly request time off will help reduce last-minute, unexcused absences. It’s essential to have an easily accessible attendance policy and time off procedures available to all employees.

Consider including these items in your employee handbook and making a copy available digitally in your employees’ shared workspaces.

Since unplanned absences are a significant source of unexcused absences, you should provide exceptionally detailed information about them.

Clear, written guidelines on how to call out of work can minimize disruption to the business. These guidelines also provide clear expectations for employees who are sick or have unforeseen matters to attend to.

Each employee should know who to contact, the preferred method, and any guidelines regarding time windows. For example, they should contact their manager’s cell phone in the morning. Another option is to wait until the work day has started to call into the office.

Make sure to review and update these policies regularly to prevent any confusion or uncertainty for employees.

More Resources:

Doctors note for work: What employers need & how to get one
How to define and address excessive absenteeism at work
Employee requests stress leave from work: What you need to know