When Do You Fire Someone for Bad Attendance?
Most employees are employed “at will.” This means an employer can be terminated at any time, for any reason – except for reasons protected by the law. If you’re having trouble with an employee’s tardiness or unexplained absences, most of the time you’re within your rights to let the employee go. However, putting policies and procedures in place to handle this process will ensure it goes smoothly.
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Policies and Procedures
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If you’re considering terminating an employee for bad attendance, review the company’s policies and procedures. Your employee manual should clearly state that chronic lateness is grounds for termination. The more specific, the better. For example, your employee handbook might state that more than five unexcused late arrivals warrant probation. Continuing the behavior could result in termination. If your policies don’t address this, revise them. It helps employees understand your expectations.
Also, communicate with managers about the rules. Define what constitutes tardiness. For example, your company might allow a five- to 10-minute window for tardiness. Employees who are later than this might risk probation and termination.
Documentation
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If an employee is chronically late or misses work, document it. Advise your managers to detail how late the employee was or if the employee didn’t show up. Also, note the employee’s communication with management. For example, an employee who misses work without a phone call is less excusable than an employee who calls to let you know she’ll be absent. When the tardiness or bad attendance occur, tell the employee the information is tracked.
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Meeting
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If your employee’s bad attendance is causing a problem, set up a meeting with the employee. Warn that his attendance or tardiness affect the workplace. Use your documentation to explain the dates and times the employee was late or absent. Also, discuss the reasons for the employee’s attendance problem. This is important because the issue might be protected under the law. If it isn’t a protected reason, let the employee know continuing the behavior will risk termination. If the employee continues with chronic tardiness or absence, let the employee go.
Workplace Absence and the Law
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Pay careful attention to laws that affect chronic tardiness or absences. For example, the Family and Medical Leave Act allows employees who qualify up to 12 weeks of leave for family health concerns. If an employee is having problems related to FMLA, give her an opportunity to take time off.
Also, you can’t fire a female employee for taking time off for a pregnancy-related issue. Workers who are absent for an injury that occurred at work are also protected. Consult your attorney if you’re unsure if the employee has bad attendance for a condition protected by law.
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