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HR Hot Topics |
Absenteeism and Attendance
Attendance issues are among the most common 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. Related articles on Attendance and Absenteeism Four federal laws critical to employee attendance and 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). 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. You should be careful how you 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 you may have to bend your attendance rules to accommodate a worker's religious practices or beliefs.
Related articles on Absenteeism and Attendance from the State Employment Law Letters
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