Absenteeism and tardiness present two of the most frequent and difficult employee behaviors to discipline. Supervisors must often make judgments about the relative justification for absences or tardiness, which can be influenced by the employee’s reliability, longevity and general performance.

Common problem areas include:

  • Unexcused absence
  • Chronic absenteeism
  • Unexcused or excessive tardiness
  • Leaving without permission

Many companies adopt objective absenteeism standards that clearly state the number of acceptable days and incidents permissible in a given time period. Although some subjectivity may determine if a particular incident should be charged against the employee, using objective measures helps to ensure that your attendance policy is applied uniformly.

Some absences are protected by law, including:

There are several other protected absences. For more information, see Leaves of Absence.”

Record and track attendance accurately and consistently. The knowledge that you keep detailed attendance records may be enough to deter some employees from abusing leave policies. Monitor attendance daily for accuracy. At the end of each year, place a copy of each employee’s annual attendance record in thier personnel file and begin a new form.

Legal standards do not state how much absenteeism or tardiness you must endure before taking disciplinary action. Some legal constraints do apply to the incidents that you can count against an employee.

  • Absences protected by law, including leave under mandatory PSL laws, FMLA, CFRA and PDL cannot be charged against an employee’s attendance record. State and federal laws also protect other reasons for absences.

Failure to administer attendance standards in an equal manner may result in a discrimination or retaliation claim, even if you use an apparently objective system.

Review an employee’s attendance records when you prepare their performance evaluation. Depending on your company’s size and organization, your personnel department staff, bookkeeper, office manager, supervisors or any other designated employee can keep attendance records. Establish a system that makes sense for your company and stick to it.

  • Caution: No-fault attendance policies, where discipline is automatic after a certain number of absences or a certain number of days of reporting to work late, may open an employer to liability under the ADA for failing to give the required leeway to reasonably accommodate an employee with disabilities or liability under other protected leave laws such as mandatory PSL. For instance, if you have a policy that disciplines employees who have more than three absences in a six-month period, you cannot count protected PSL absences (or other protected absences) when determining whether an employee violated your absence control policy. For more information, see “PSL and Employer Attendance Policies” in Protections and Attendance.