Many employers have no-fault attendance policies, which call for discipline or termination after an employee has a certain number of absences – regardless of the reason for the time off. But as one employer recently found, these policies may conflict with the family leave laws. We’ll look at what happened and offer other alternatives for improving attendance.
Employee Loses Job For Excessive Absenteeism
Karen Matyka, a Federal Express courier in San Francisco, missed work several times because of a medical problem that caused her severe menstrual cramps. She claimed she told her supervisor about her condition. Matyka was eventually fired. Fed Ex gave her a termination letter citing two prior written warnings for absences in excess of those allowed under the company’s no-fault attendance policy and a third warning for not following proper delivery procedures.
Big Verdict For Employee
Matyka sued, charging she was illegally terminated for taking time off that was protected by California’s family and medical leave law. Fed Ex countered that Matyka was fired for falsifying package delivery information. The company also argued that Matyka didn’t request family leave or inform her supervisors she had a serious health condition. A San Francisco jury sided with Matyka and awarded her $250,000 in damages plus attorneys’ fees.
Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.
Managing Absenteeism And Family Leave Rights
If you have 50 or more employees and are covered by the family and medical leave laws, a no-fault attendance policy can create expensive problems. That’s because it’s illegal to count time off that qualifies as family leave against an employee under a no-fault policy. Plus, it can sometimes be difficult to determine whether an absence is protected by the family leave rules.
Human resource consultant Rhoma Young, of Rhoma Young and Associates in Oakland, points out that some employers subject to the family leave laws have abandoned their no-fault policies in favor of safer alternatives for promoting attendance. These include:
- Educating employees. One of the best tools to help increase attendance, according to Young, is to educate workers on how absences, especially when unscheduled, affect the workplace.
- Rewarding good attendance. Some employers have a “100% club” that recognizes employees who reliably show up for work and are good performers. Non-monetary rewards, such as dinner for two, a special parking space or hanging the employee’s photo in the building lobby, can also be effective motivators.But if you offer employees a bonus for perfect attendance, don’t count any absences that come under family and medical leave rules.
Exercise Caution With Existing No-Fault Policies
If you choose to adopt a no-fault attendance policy, keep careful track of the reasons for employee absences and be sure to inform workers that family leave is available, if they qualify. Also make sure supervisors are sensitive to the types of employee comments or questions that could indicate the time off qualifies for family leave.