Overview: Employers should institute policies and practices to monitor employee attendance and keep track of employee work time.
An effective attendance policy should track employee absences as well as explain employee discipline procedures for excessive absenteeism or tardiness.
However, employers should be careful not to violate the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), or any other federal, state or local law that provides individuals with protection for related absences Employers should make sure that the attendance policy is adequately communicated to all employees and that they understand their obligations to the employer.
Employers should also implement strategies for dealing with habitually absent or habitually late employees.
Trends: Employers should avoid no-fault employee attendance policies which charge an absence against an employee regardless of the reason for the absence as such policies fail to recognize absences under the ADA, FMLA or related federal, state or local laws.
Further, employers should avoid language in any attendance policies that mandate termination of an employee if the employee does not return to work within a specific period of time.
The EEOC has shown that it is willing to pursue employers for no-fault and inflexible attendance and leave policies that violate the ADA and FMLA by penalizing employees for covered absences.
Author: Beth P. Zoller, JD, Legal Editor
In-depth review of the spectrum of New Jersey employment law requirements HR must follow with respect to other types of leave.
In-depth review of the spectrum of District of Columbia employment law requirements HR must follow in respect to other leaves.
Philadelphia's new ordinance, taking effect May 13, 2015, will require certain employers to provide paid sick leave.
California's new paid sick leave law includes several provisions that take effect on January 1, 2015. The Division of Labor Standards Enforcement has updated its website to include a workplace poster, which covered employers must post beginning on January 1.
Massachusetts paid sick leave takes effect July 1, 2015, while Trenton, New Jersey, paid sick leave takes effect in March 2015.
Voters approved paid sick leave ballot measures in Massachusetts; Oakland, California; Montclair, New Jersey; and Trenton, New Jersey.
Employers seeking to convey to employees expectations about regular attendance and punctuality at work should consider including this model policy statement in their handbook
New York City has released final rules covering numerous aspects of its Earned Sick Time Act.
HR guidance regarding creating and implementing effective policies to manage employee attendance.