Employee Absenteeism and Attendance

Additional HR Resources Attendance Help for HR Cure excessive leave and lateness with guidebook and CD of policies Discover Policy Pitfalls Audit your workplace policies before a plaintiff's attorney does Reduce Absenteeism Costs Report shows you how to lessen the bite when workers don't show up FMLA Guidebook Plain-English help on FMLA practical answers, forms & policies Solutions to Tardiness Learn how to eliminate employee absenteeism and tardiness with this audio conference on CD

Employee absenteeism is one of the most common workplace problems facing employers in today’s workplace. Legitimate illnesses still account for the majority of employee absences, but some studies have shown that less than one-third of absences from the workplace are related to poor health. Most employers offer their workers vacation, sick leave, paid time off, or other kinds of paid and unpaid leave.

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Federal and state employment laws regarding employee leave
Four federal laws critical to employee absenteeism issues are: the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Title VII of the Civil Rights Act of 1964 (Title VII).

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In addition to federal laws, almost all states have a workers’ compensation statute that covers on-the-job illness and injuries. Most state workers’ compensation laws protect workers who must take time off from work due to their injuries. Some states even have their own laws regarding family and medical leave.

Employers should be careful how they deal with absenteeism by exempt employees. Don't dock an exempt employee's paycheck for missing less than one full day of work because it could destroy her exemption and entitle her to time and a half for all overtime she has worked in the past or works in the future. The only exception is if the absence is covered by the FMLA.

Two other attendance issues protected by law are employees called to jury duty and employees who request time off for religious reasons. State and federal laws generally require employers to give workers leave when called to serve on a jury. And employers may have to bend their attendance rules to accommodate a worker's religious practices or beliefs.

State-by-state comparision of 50 employment laws in all 50 states, including employee leave laws

Reducing employee absenteeism and abuse of employee leave policies
One of the most frustrating parts of administering absence policies for employers is the incredible amount of abuse that takes place. A key to curbing abuse is to have an absence policy that clearly sets forth which absences are allowed, and what behavior will subject the employee to discipline. Absenteeism problems can range from employees not calling in or not showing up for their shifts, taking sick leave when well, and exhausting their available leave every month, to requesting extra time off and establishing patterns of abuse. For these non-protected absences employers can, and should, discipline their employees.

When it comes to trying to reducing absenteeism, the best deterrent may be a strong disciplinary policy. A company's policy should be clearly written and disseminated to all employees. In addition, the employer should make sure to train all supervisors and managers to ensure that the policy is being fairly applied. It's a good idea to spot check attendance issues in every department to make sure that company rules are being fairly imposed.

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Related articles on Employee Absenteeism featured in HR Hero Line

• Deterring Intermittent FMLA Leave Abuse
  (Federal Employment Law Insider, November 2009)
• Deterring Intermittent FMLA Leave Abuse
  (Federal Employment Law Insider, November 2009)
• Employees Have a Duty to Reveal Serious Health Conditions under FMLA
  (Missouri Employment Law Letter, October 2009)
• What to Do When Contagious Illnesses Comes to Work
  (Mississippi Employment Law Letter, September 2009)
• Employer's Guide to Writing Employee Handbooks
  (New York Employment Law Letter, August 2009)
• Employers Should Prepare in Case Swine Flu Returns this Fall
  (Kentucky Employment Law Letter, August 2009)
• Absenteeism, Presenteeism, and Keeping the Workplace - and Workers - Healthy
  (HR Hero Line, May 2009)
• 10 Key Changes in New FMLA Regulations
  (Federal Employment Law Insider, November 2008)
• How Do I Deal with a Disabled Worker's Attendance Problems?
  (Arizona Employment Law Letter , October 2008)
• Payroll Deductions that Don't Affect Exempt Status
  (Michigan Employment Law Letter, August 2008)
• Tips for Managing the Millennials in the Workplace: Part 2
  (Virginia Employment Law Letter, April 2008)
• Employers May Challenge Suspicious FMLA Leave Requests
  (Tennessee Employment Law Letter, February 2008)
• Pay, Time Off Issues for Office Closings Due to Inclement Weather
  (Indiana Employment Law Letter, February 2007)
• Employee Absenteeism Heats Up During Summer
  (Maine Employment Law Letter, June 2006)
• No Pay for Employees on Snow Day?
  (Nebraska Employment Law Letter, February 2005)

HR Tools for Absenteeism and Attendance

• Sample Policy - Attendance and Punctuality
• Sample Policy - Vacation
• Sample Policy - Sick Leave
• Sample Policy - Personal Leave Time
• Sample Policy - Paid Time Off
• Sample Policy - Family and Medical Leave
• Sample Policy - Military / Reserve Leave
• Sample Policy - Bereavement Leave
• Sample Policy - Personal Leave of Absence