Employees often worry if calling in sick can result in formal disciplinary action. The simple answer is yes, an employee can be written up for calling in sick, though the circumstances are complex. While a single absence is unlikely to lead to serious discipline, repeated absences or failure to follow company protocol can trigger consequences. Whether an employer can enforce a write-up depends heavily on the company’s attendance policy, the employee’s history, and whether the absence is protected by state or federal law. Understanding workplace discipline and legal protections provides clarity on this gray area of employment.
Defining Write-Ups and Progressive Discipline
A write-up is a formal, documented record of an employee’s failure to meet a standard of conduct or performance, such as adhering to the attendance policy. This documentation is typically the first formal stage in an employer’s system of progressive discipline. The process is designed to correct behavior by applying increasing levels of severity for repeated infractions.
Progressive discipline usually begins with a verbal warning, escalates to a formal written warning or write-up, and then progresses to suspension and termination. The purpose of a write-up is to establish a paper trail that justifies future disciplinary action if the behavior does not improve. This documented step reinforces the seriousness of the issue and proves the employee was notified of the violation and potential consequences.
Attendance Policies and the Threshold for Discipline
Many companies, especially in manufacturing, retail, and service industries, use “no-fault” attendance policies to manage absenteeism. These policies assign a fixed number of points, or “occurrences,” for every unplanned absence or tardiness, regardless of the reason for the missed time. The “no-fault” designation means the employer does not consider the legitimacy of the excuse, such as a minor illness, when assigning the point value. This policy is applied uniformly to standardize enforcement and remove subjective judgment.
Under a no-fault policy, an employee is written up for accumulating points that exceed the pre-defined threshold for allowable absences, not for the illness itself. For example, a policy might state that four occurrences in six months trigger a written warning. The disciplinary action is a consequence of excessive absenteeism that crosses a contractual limit.
The threshold for discipline can be low, sometimes after just two or three unplanned absences, aiming to curb chronic absenteeism. However, absences protected by law cannot legally be counted against an employee under these systems. Employers must make exceptions for certain types of leave, and the failure to distinguish between unprotected and legally protected time off is where no-fault policies often face legal challenges.
Legal Safeguards for Employee Health Absences
Absences for serious health conditions or those covered by specific legislation are legally protected and cannot be used as grounds for disciplinary action. These federal, state, and local laws override standard company attendance policies, providing a shield that prevents a write-up for absences that meet defined criteria.
Federal Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) provides eligible employees with up to twelve workweeks of unpaid, job-protected leave during any twelve-month period for specific family and medical reasons. To be eligible, an employee must have worked for a covered employer for at least twelve months, logged at least 1,250 hours of service, and work at a location with fifty or more employees within a seventy-five-mile radius.
Absences that qualify under FMLA, such as for the employee’s own serious health condition or to care for an immediate family member, cannot be counted against the employee under an attendance policy. A serious health condition involves inpatient care or continuing treatment by a healthcare provider. If the absence qualifies as FMLA leave, any disciplinary action, including a write-up, for that absence is a violation of the law.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations to qualified employees with disabilities, which can include time off from work. Absences related to an ADA-covered disability must be considered a request for accommodation, not a disciplinary matter.
Extended medical leave can be considered a reasonable accommodation under the ADA, even if FMLA leave is exhausted or unavailable. An employer must grant this accommodation unless it causes an undue hardship on the business. Disciplining an employee for a disability-related absence without engaging in the interactive process to determine a reasonable accommodation may violate the ADA.
State and Local Paid Sick Leave Laws
A growing number of states and municipalities mandate that employers provide a minimum amount of paid sick time to employees. These laws include strong anti-retaliation provisions that prohibit disciplining an employee for using accrued sick time for an authorized purpose. Authorized purposes often include the employee’s own illness, caring for a sick family member, or seeking medical diagnosis or preventative care.
An employer is prohibited from enforcing any policy that counts the use of this legally protected paid sick leave as an absence leading to disciplinary action. If an employee uses available paid sick time for a valid reason under local law, issuing a write-up for that time off constitutes unlawful retaliation.
Procedural Mistakes That Lead to Discipline
Even if the reason for an absence is legitimate, a write-up often results from an employee’s failure to adhere to the company’s specific call-in protocol. Companies maintain these procedures to ensure continuity of operations and allow management to quickly arrange for coverage. The violation is procedural, separate from the actual need for the sick day.
One common mistake is failing to provide timely notice, especially calling in after the scheduled shift has begun. Most policies require notification before the shift starts to allow time to adjust the schedule. Another error involves contacting the wrong person, such as texting a co-worker instead of notifying the designated manager or Human Resources.
Failing to provide required medical documentation can also trigger disciplinary action, provided the employer’s request is consistent with policy. If an employer requires a doctor’s note for absences exceeding a certain number of consecutive days, the employee must submit it by the specified deadline. Neglecting this documentation may reclassify the absence as unexcused, counting toward the disciplinary threshold.
Minimizing Risk: Best Practices for Calling In Sick
Employees can significantly reduce the risk of a disciplinary write-up by establishing consistent and professional communication practices. The first step is to review the company handbook to identify the precise notification procedure, clarifying the designated contact person and the preferred method of communication. Always notify the designated person as early as possible, ideally before the start of the scheduled shift, to allow management maximum time to find coverage.
The communication should be clear and concise, stating the inability to work and providing an anticipated return date or update schedule. Employees should document the communication, noting the date, time, and the name of the person who received the notification. Avoid oversharing unnecessary medical details and instead focus on the work-related impact of the absence. If the absence is expected to last longer than one day, proactively ask if documentation, such as a doctor’s note, will be required upon return.
Responding to a Disciplinary Write-Up
Receiving a disciplinary write-up requires a professional and strategic response to protect one’s employment record. First, carefully review the document to understand the specific policy violation cited by the employer. Request a copy of the company policy that the write-up claims was violated to ensure the action aligns with the stated rules.
If required to sign the document, employees should note that their signature acknowledges receipt, not agreement with the contents. The most effective response is to draft a formal, written rebuttal addressing each point with factual evidence. This rebuttal should be submitted to management and Human Resources to ensure the employee’s perspective is included in their personnel file.
If the write-up concerns a legally protected absence (FMLA, ADA, or paid sick leave), gather all supporting documentation, including doctor’s notes and communication records. This evidence is necessary to support a formal appeal through the company’s internal grievance or appeal process, which is the appropriate first step to challenge the disciplinary action.