Attendance Guidelines

We’ve provided two sample policies addressing attendance, but we recommend that you use the first policy. The first sample policy provides more flexibility in handling attendance issues.

Often, organizations include policies, such as the second sample policy, that state the consequences for a certain number of absences or late arrivals. Although you may use an approach like the one set forth in the second sample policy, the problem with this approach is that if your organization doesn’t follow this policy consistently in every situation with every employee, you could get claims of breach of contract or discrimination.

Regardless of what policy your organization uses to address attendance, it is still important to consistently apply your attendance standards and to document employee violations.

Attendance issues can become a complex and treacherous area if you employ 50 or more full or part-time employees or are otherwise not exempt from the Family and Medical Leave Act (FMLA). Additionally, your organization should be aware that many states impose greater leave requirements on employers than the federal government which may be applicable to organizations with fewer than 50 employees. Under the FMLA, eligible employees may take up to 12 weeks of unpaid leave for specified family or medical reasons. Employees may not be penalized, disciplined, or terminated for any absences that qualify under the FMLA. Again, similar requirements may be imposed by state law.

For example, if an employee returns from an FMLA leave, the manager shouldn’t reference the time off in a performance appraisal—especially in a negative fashion. If the employee in this example is excessively absent or tardy, any references in a performance appraisal or disciplinary document should specifically reference all “non-FMLA” absences.

SAMPLE POLICY 1:
ATTENDANCE

Regular attendance and punctuality are considered essential functions of every employee’s job. Therefore, all employees are expected to arrive on time, ready to work, every day. Our philosophy is that absenteeism is generally controllable. Therefore, absence control is best achieved through individual treatment aimed at the irresponsible, chronic absentee.

We define an absence as failure to report for and remain at work as scheduled. This includes arriving late for work and leaving early without prior supervisory approval. Additionally, absences that exceed the permitted number of hours under the vacation and sick policies may be considered unexcused absences.

If you are unable to arrive at work on time or must be absent for any portion of the day, you must contact your supervisor as soon as possible. Ideally, you would speak directly with your supervisor. If that is not possible, then you must leave a message for your supervisor. Because each department has different needs and internal procedures, employees must check with their supervisor to determine any additional or specific instructions for reporting absences or tardies.

Excessive absenteeism or tardiness will result in disciplinary action, up to and including termination.

The standard of what is excessive is determined by the needs of your particular department. This organization will administer this policy in accordance with federal and state law, including, but not limited to, the Americans with Disabilities Act and the Family and Medical Leave Act.

Organizations required to offer leave under the Family and Medical Leave Act (FMLA) or a similar state law should carefully consider how to handle employee absences due to illness. When FMLA applies, an employee may not be penalized in any way for FMLA qualifying illnesses. Applicable state law may impose a similar requirement.

If your organization is not exempt from the FMLA or a similar state law, and you have an employee with attendance problems, we recommend that you seek legal counsel before disciplining or terminating him or her for attendance reasons.

SAMPLE POLICY 2:
ATTENDANCE

We define an unexcused absence as failure to report for and remain at work as scheduled. This includes arriving late for work and leaving early without prior management approval. Additionally, absences that exceed the permitted number of hours under the vacation and sick plan may be considered unexcused absences.

If you are unable to arrive at work on time or must be absent for any portion of the day, you must contact your supervisor as soon as possible. Ideally, you would speak directly with your supervisor. If that is not possible, then you must leave a message for your supervisor. Excessive absenteeism or tardiness will result in disciplinary action up to and including termination. Discipline for absences and tardiness will be administered in the following manner:

1st and 2nd Unexcused Absence: Oral Warning

3rd Unexcused Absence: Written Warning

4th Unexcused Absence: Probation

5 or more Unexcused Absences: Suspension or Termination

Nothing in this policy shall affect the at-will status of all employees, nor shall it restrict, constrain, or prohibit supervisors from applying discipline for other actions. For example, if an employee is late and, upon receiving a warning, responds disrespectfully, the employee may receive additional discipline for insubordination or a negative attitude, up to and including immediate termination. This organization will administer this policy in accordance with federal and state law, including but not limited to, the Americans with Disabilities Act and the Family and Medical Leave Act.

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

Attendance Guidelines

SAMPLE POLICY 1: ATTENDANCE

SAMPLE POLICY 2: ATTENDANCE

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SAMPLE POLICY 1:
ATTENDANCE

SAMPLE POLICY 2:
ATTENDANCE