Frequent absences can cause anxiety regarding job security. Determining whether frequent absences will lead to disciplinary action depends on a complex interplay of specific employment circumstances, the employer’s internal policies, and certain legal protections afforded to the employee. Understanding the structure of employment law provides the necessary context for evaluating the risks associated with missing work frequently. This framework dictates an employer’s latitude to enforce attendance rules and an employee’s rights when taking time away from the job.
Understanding At-Will Employment
The foundational principle governing employment in most of the United States is the doctrine of at-will employment. This concept means that, absent a specific employment contract or union agreement, an employer can terminate an employee for any reason, or no reason at all, provided that the reason is not illegal, such as discrimination based on a protected characteristic.
Because of the at-will structure, employers maintain the right to discipline or dismiss an employee solely due to excessive absenteeism, even if the absences are legitimate instances of illness or personal need. The employer does not need to prove the absences are false; they only need to show the termination was not based on an unlawful discriminatory motive. This legal standard empowers companies to prioritize consistent employee presence.
Immediate Consequences of Absenteeism
When an employee begins to accumulate absences that violate the company’s established attendance policy, the employer typically initiates a formal, progressive disciplinary process managed by Human Resources. The first step often involves a verbal warning, which informs the employee that their attendance is becoming problematic. If the pattern continues, the employer moves to a written warning, which becomes a formal part of the employee’s personnel file.
Further violations may lead to placement on a Performance Improvement Plan (PIP). A PIP formally outlines the required improvements in attendance and sets a strict timeline for compliance, often spanning 30 to 90 days. Failure to meet the attendance requirements specified in the PIP constitutes grounds for termination of employment. These standard actions are driven by internal corporate policy, which aims to minimize disruption and maintain operational efficiency.
When Absences Are Legally Protected
Despite the broad power granted by at-will employment, federal laws establish specific situations where an employee’s absence is protected from employer discipline.
The Family and Medical Leave Act (FMLA)
The FMLA provides eligible employees with up to 12 workweeks of unpaid leave during any 12-month period for serious health conditions or to care for a family member with a serious health condition. To be eligible, an employee must have worked for the employer for at least 12 months, accumulated at least 1,250 hours of service, and work at a location where the employer has 50 or more employees within 75 miles.
The FMLA permits leave to be taken intermittently, meaning an employee can use it in small increments, such as for recurring doctor appointments or flare-ups of a chronic condition. For an absence to be covered, the employee must provide the employer with sufficient notice and the requested medical certification, confirming the existence of a serious health condition that necessitates time off. An employer cannot legally count properly certified FMLA leave as an absence for disciplinary purposes.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) requires employers to offer reasonable accommodations to qualified employees with disabilities, which can include time off work. An employee whose condition causes unpredictable or frequent absences may request schedule modifications or leave as a form of accommodation. The employer must grant this accommodation unless it poses an undue hardship on the operation of the business.
The determination of whether an absence is protected under the ADA requires an individualized assessment of the employee’s limitations and the nature of the job. Beyond federal laws, many state and local jurisdictions have enacted mandated paid sick leave laws. Absences taken under these specific state or municipal mandates are protected from disciplinary action, provided the employee follows the jurisdiction’s rules for usage.
The Risk of Excessive Absenteeism
Even when an employee uses standard sick time or Paid Time Off (PTO) for legitimate illnesses, frequent absences that fall outside the protection of the FMLA or ADA can still lead to job loss. Employers often manage attendance using a “no-fault” attendance policy or a point system. This system assigns a specific number of points for each absence, regardless of the reason, unless the absence is legally protected. Accumulating a predetermined number of points over a set period results in automatic disciplinary action, including termination.
High-frequency, low-duration absences, such as calling out for a single sick day every few weeks, are particularly risky under these policies. While each absence may be for a genuine sickness, the pattern itself violates the employer’s expectation of reliable attendance and disrupts workflow. If an employee has not met the eligibility requirements for FMLA or their condition does not qualify under the ADA, the employer is free to enforce its attendance policy strictly. The employer’s ability to terminate is based on the violation of the attendance rule, not the legitimacy of the illness.
Best Practices for Notifying Your Employer
When an employee must call out of work, following the company’s prescribed notification procedure is a practical measure to minimize the risk of discipline. Employees should know exactly who they are required to contact, whether it is a direct supervisor, a specific manager, or an automated call-out line, and what method of communication is acceptable. Providing as much advance notice as possible is preferable, allowing the employer time to arrange coverage and adjust the schedule.
Professional communication should be maintained during the notification process, clearly stating the inability to come to work without providing excessive personal detail. When an absence relates to a medical condition, obtaining and retaining documentation, such as a doctor’s note or medical certification, provides objective evidence to substantiate the need for time off. Consistently adhering to these internal protocols demonstrates good faith and accountability.
What to Do If You Face Retaliation
If an employee believes they were disciplined or terminated because they exercised a legally protected right, such as taking FMLA leave or requesting an ADA accommodation, they have avenues for recourse. The first step is often to utilize any internal grievance process available within the company, typically by contacting the Human Resources department. This allows the employer an opportunity to review the circumstances and potentially correct the violation internally.
If the internal process does not resolve the issue, external action may be necessary. An employee can file a charge of discrimination or retaliation with the Equal Employment Opportunity Commission (EEOC) or a corresponding state labor enforcement agency. These agencies are responsible for investigating claims related to violations of federal laws like the FMLA and ADA. They can initiate legal action or issue a notice of right to sue.