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Written by Liz McDermott |
Main Takeaway:Attendance issues can quietly drain a team. When one person is frequently absent without good reason, others pick up the slack, morale dips, and the work suffers. |
If you're a manager or HR professional dealing with this situation, you're not alone — and there's a clear, fair process to follow. Let's walk through it together.
TABLE OF CONTENTS:
- What Is Considered Excessive Absenteeism at Work?
- How to Build a Legally Sound Absenteeism Policy
- Steps to Take Before Terminating an Employee
- How to Legally Terminate an Employee for Excessive Absenteeism
- Conclusion
What Is Considered Excessive Absenteeism at Work?
Not every missed day counts as excessive. According to SHRM (Society for Human Resource Management), excessive absenteeism is generally defined as two or more unexcused absences within a 30-day period. That said, every workplace can set its own threshold based on business needs.
"Excessive absenteeism is defined as
2+ unexcused absences in a 30-day period." (SHRM)
Excused vs. Unexcused Absences
An excused absence usually means the employee gave enough notice, got supervisor approval, and had available paid time off. Unexcused absences happen when those steps aren't followed, like calling out last minute, leaving early without approval, or skipping a shift with no explanation.
Watch for patterns: frequent absences on Mondays, Fridays, or days right after holidays can signal misuse of sick time.
How Patterns of Absence Are Identified
Good tracking systems can reveal trends that aren't obvious at first glance, like absences clustering around certain roles, departments, or seasons. It's worth noting that fifteen one-day absences tell a different story than five three-day absences. Both matter, but they point to different issues.
Why Clear Definitions Matter in Policy
Without a clear policy, managers risk inconsistent enforcement, and that opens the door to discrimination claims. A good policy names the threshold clearly (e.g., "three unexcused absences in 90 days") and keeps protected leave under FMLA and ADA completely separate from disciplinary tracking.
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How to Build a Legally Sound Absenteeism Policy
Include Definitions and Thresholds
Use plain language. Define what "absence" and "tardiness" actually mean in your workplace, for example, arriving more than 10 minutes after a scheduled start time. Set a specific number of unexcused absences that triggers a disciplinary review. Vague language leaves too much room for misinterpretation.
Outline Call-In Procedures and Documentation
Spell out exactly how employees should report absences, including:
- Who to contact: supervisor, HR, or a dedicated call-in line
- When to notify: typically 1–2 hours before shift start
- Acceptable methods: a phone call vs. voicemail or email
Also be clear about when documentation like a doctor's note is required.
Ensure Consistency and Employee Acknowledgment
Apply the policy the same way across all roles and departments. Have employees sign an acknowledgment when they receive it. This creates a paper trail that protects everyone. Make sure the policy also aligns with FMLA, ADA, workers' compensation, and any applicable paid sick leave laws.
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Steps to Take Before Terminating an Employee
1. Track and Document All Absences
Good records are your best defense. Use a digital tracking system rather than paper sign-in sheets, and log each absence with dates, shift times, the reason given, any supporting documents, and follow-up notes.
2. Hold a Private Meeting to Understand the Cause
Before escalating, sit down with the employee privately. Start by checking in on how they're doing, not launching straight into policy violations. Ask open questions like, "What's been making it challenging to get here on time?" Document what was discussed, their response, and any next steps you mutually agree on.
3. Offer Accommodations if Applicable
If the employee shares a health-related reason, check whether FMLA, ADA, or state medical leave applies. Companies with 15 or more employees are generally required to explore ADA accommodations unless they cause undue hardship.
4. Issue Verbal and Written Warnings
Follow a progressive discipline process:
- Verbal warning in a private conversation
- Written warning outlining specific missed dates
- Final written warning, often paired with a suspension
- Termination as the absolute last resort
Document every step and have the employee acknowledge each one.
5. Consult HR or Legal Before Final Action
Before terminating, have HR or legal counsel review the case. Double-check that no absences are protected under FMLA or ADA, and confirm that every disciplinary step has been documented. This final review helps prevent wrongful termination claims.
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How to Terminate an Employee for Excessive Absenteeism
Review Protected Leave Laws (FMLA, ADA)
Even in "at-will" states, you can't count FMLA-protected absences against an employee under a no-fault attendance policy. The ADA may also require you to offer additional unpaid leave as a reasonable accommodation. Make sure you've checked both before proceeding.
Ensure Policy Violations Are Clear and Documented
Collect all absence dates, the reasons given, and a record of every warning issued. You need to show the termination was for a legitimate, non-discriminatory reason, and that attendance is a genuine job requirement.
Follow Progressive Discipline Steps
Courts favor employers who can demonstrate they followed a fair process. One example: an employer successfully defended a termination because they had warned the employee about excessive absences two months prior. Skipping steps is only justified for serious policy violations.
Deliver Termination Notice with Proper Documentation
Bring a witness to the meeting. Keep the conversation factual and professional, don't schedule it right after a heated moment. Have the final paycheck ready, as some states require same-day payment.
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Conclusion
Handling excessive absenteeism isn't easy — but it doesn't have to be overwhelming. A clear policy, consistent documentation, and a fair progressive discipline process are your three best tools. When you follow the right steps, you protect your team, your company, and the employee's right to a fair process. We're here to help you navigate it.
⚠ Editor's Note: The SHRM definition cited in this article, "two or more unexcused absences in a 30-day period" is sourced directly from SHRM's attendance policy resources.
REFERENCES:
[2] McAfee & Taft — Can an Employee Be Terminated for Excessive Absences?
[3] Insightful — Absenteeism Patterns Reveal Deeper Workforce Issues
[4] SHRM — Managing Employee Attendance
[5] SHRM — Ask an Expert: Excessive Leave
[6] Wolters Kluwer — Controlling Excessive Employee Absenteeism
[7] YourCo — Can You Fire an Employee for Excessive Absenteeism?
[8] Holden Law Firm — HR Best Practices: Attendance Policies
[10] MRA — Terminating an Employee After FMLA Leave: Not So Fast
[11] SHRM — How to Perform a Fair, Compliant Employee Termination
[12] Paychex — How to Terminate an Employee