Question: Can You Terminate An Employee For Excessive Absenteeism?

Can you fire someone for calling in sick too much?

If you are an employer in an “at will” employment state, that means that you are legally free to fire an employee at any time without explanation.

So, if you feel that your employee is calling in sick too much at work, in some states you can simply let them go..

How many absences are considered excessive?

“Excessive absenteeism is defined as three (3) or more unexcused absences in any ninety (90) day period. First offense – written counseling and warning that continued excessive absenteeism will lead to subsequent disciplinary action.

Can your boss say no if you call in sick?

That means that unless you qualify for legal protections under FMLA or the Americans with Disabilities Act, there is nothing stopping an employer from firing you for calling in sick.

How many unexcused absences are acceptable before a person is formally disciplined?

Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action. Eight occurrences of unexcused absence in a 12-month period are considered grounds for termination.

How do you discipline a tardy employee?

Here are ways to discourage employees from arriving late, as well as how to deal with those who regularly do:Use a time clock. … Schedule a staff meeting first thing in the day. … Be clear and consistent about the rules. … Require phone calls. … Institute consequences for lateness.More items…•

How do you write someone up for excessive absenteeism?

Create a form that includes spots for the employee’s name, description of the offense, dates of absenteeism and the actions you’ve taken so far to reduce the absenteeism. The standardized approach keeps the write-up professional and organized, helping you remain tactful even when the employee’s behavior is frustrating.

Can you get fired for an unexcused absence?

While you cannot fire for legal absences like taking time off to vote, you can keep track of every employee absence and late arrival. Too many “unexcused” absences provide grounds for firing an employee even if the employee has also had a few “excused” absences.

Is calling in sick an unexcused absence?

Unexcused Absences An unexcused absence is an absence that was not prescheduled or authorized by an employee’s supervisor, according to U.S. Legal. In some cases, an unexcused absence may be the result of an unavoidable circumstance, such as a death in the family or a sudden illness.

What absences are protected by law?

Federal and/or state laws govern a mandatory leave of absence. These leaves include medical absences governed by the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), military leave, jury duty and other state-mandated leaves.

How do you discipline an employee for absenteeism?

How to Deal with Employee AbsenteeismCreate an employee attendance policy. … Enforce your attendance policy consistently. … Keep track of employee absences. … Address unscheduled absences and no-show’s immediately. … Don’t just treat the symptoms, discover the cause. … Don’t forget to reward good behavior.

What is excessive tardiness for an employee?

Excessive tardiness is defined as “being late to work and coming back late from breaks, or lunch, more than six times in any three month period. An employee may be terminated for tardiness after they have been cautioned for the need for improvement.” Whitlock v.