Overview: Employers have a vested interest in enforcing workplace attendance policies and addressing employee absences. When faced with an employee attendance issue, many employers choose to progressively discipline an employee for misconduct. However, in certain instances, employee discipline may pose greater liability for employers.
Specifically, employers with no-fault attendance policies may unwittingly discriminate against employees with legally-protected characteristics, such as employees with disabilities. In addition, enforcing attendance policies for conduct that may be protected under state leave laws may expose employers to regulatory fines and penalties. Employee leave entitlements vary by state, and may be more generous for public employees.
Notwithstanding particular leave entitlements, an employer may still enforce work rules when an employee abuses his or her leave. Proper recordkeeping practices can place employers in a better position when targeted in regulatory audits or when defending court claims with respect to employee leave protections.
Trends: Enforcement agencies have focused on various initiatives targeting employees with disabilities, employees with caregiving responsibilities and employees in the uniformed services and/or veterans. Employers should stay abreast of federal, state and local legal developments related to employee leave protections.
Author: Marta Moakley, JD, Legal Editor
Updated to include forthcoming amendments to the Arkansas Medical Marijuana Amendment of 2016.
Updated to reflect discipline concerns regarding a state law that addresses weapons in the workplace, effective March 21, 2017.
Updated to reflect retaliation protections under the San Jose Opportunity to Work Ordinance, effective March 13, 2017.
Updated to reflect the retaliation protections in the St. Louis minimum wage ordinance, effective February 28, 2017.
Updated to incorporate the medical marijuana law, effective January 3, 2017.
Updated to incorporate the paid sick leave Executive Order, effective January 1, 2017.
Updated to reflect retaliation protections under the forthcoming state paid sick leave law.
Updated to reflect anti-retaliation requirements under Montgomery County's Earned Sick and Safe Leave law, effective October 1, 2016.
Updated to include detailed information on the forthcoming state Act to Establish Pay Equity, which strengthens existing equal pay laws.