May I terminate an employee for absenteeism?

When considering whether to terminate an employee for absenteeism, the employer needs to review the reasons an employee may have missed work and any legal protection that may be afforded to them. Before acting, check to see whether any of the following apply to the situation:

• California Family Rights Act (five or more employees).
• Family and Medical Leave Act (50 or more employees).
• Paid sick leave under the Healthy Workplaces, Healthy Families Act.
• Child's school or child care activity or emergency
• Jury duty.
• Witness.
• Military leave.
• Victim of an act of violence, including domestic violence, sexual assault or stalking.
• Crime victims' leave.
• Drug and/or alcohol rehabilitation.
• Firefighter.
• Reserve peace officer or emergency rescue personnel.
• National Guard.
• Pregnancy disability leave.
• Workers' compensation injury or illness.

Note: Exercise caution and be aware of potential legal protection. In addition, employers should always follow their own policies and past practices and exercise caution before terminating employees. Employers also should be mindful of discrimination issues, such as protection under the Americans with Disabilities Act and state law prohibiting discrimination on the basis of disability.

Consult with your attorney before terminating an employee for absenteeism.