What is an attendance policy?

An attendance policy sets the rules for showing up: how to report an absence, what counts as late, how absences are tracked, and what happens when the rules are broken. A fair one also says plainly which absences are protected and never counted.

In shortAn attendance policy is the written rule set for absences, tardiness and leaving early. Most cover how and when to call in, the grace period before someone is late, how no-call no-shows are handled, how absences are tracked, often with points, and the steps of discipline. Policies come in two broad styles. A no-fault or points policy counts every unscheduled absence the same, without judging the reason. A traditional policy separates excused from unexcused absences. Either way, some absences cannot be counted against an employee. The FMLA regulation says FMLA leave cannot be counted under no-fault attendance policies. Absences that are a reasonable accommodation for a disability under the ADA, or for pregnancy under the Pregnant Workers Fairness Act, are protected. State and city paid sick leave laws usually forbid counting protected sick time against the employee, and some limit when a doctor’s note can be required. Jury duty and military leave have their own protections. A policy that does not carve these out on paper is likely to be applied wrongly by a busy supervisor. The policy should also be applied consistently to everyone, and the records should show the reason code for each absence.

What to put in the policy

Attendance policy sections
Section Example rule
Reporting an absence Call or message your supervisor at least 2 hours before the shift
Lateness A 5-minute grace period, then the punch is flagged
Tracking 1 point per unscheduled absence, half a point for lateness
Protected absences FMLA, protected sick time, accommodations, jury duty, military leave: never counted
Steps Coaching at 4 points, written warning at 6, final warning at 8
Reset Points expire after 12 months

Use the attendance point system template and see grace period and tardiness.

Points after HR reviewRecorded7 pointsFMLA removedminus 3Correct total4 pointsFinal warning at 8
FMLA absences cannot be counted under a no-fault policy, so the total drops from 7 to 4 points.

Worked example: a point that should not exist

Intermittent FMLA and a points system

A manufacturer uses a points policy. An operator with approved intermittent FMLA leave for migraines has 7 points, one short of a final warning, and his supervisor is preparing the warning.

HR reviews the 7 points by reason code. Three of them were migraine absences on days he called in under his approved FMLA certification. FMLA leave cannot be counted under a no-fault attendance policy, so those 3 points are removed and his total is 4.

HR also changes the setup so that absences coded as FMLA or protected sick time never create points in the first place, and the supervisor sees the reason code in the attendance report. Disciplining him at 8 points would have been a textbook FMLA interference claim.

Mistakes that are specific to attendance policies

Running the points system week to week

  1. Review absences every week, not only when someone reaches a discipline step.
  2. Check the reason code on every point before any warning is issued.
  3. Remove points for protected absences as soon as the protection is known, and note why.
  4. Tell the employee their current total at each step, in writing, with the date points expire.
  5. Look at totals by team. A team where many people are near a step may have a scheduling problem, not an attendance problem.

Treat lateness separately from absence in your reports, even if both create points. A pattern of 10-minute lateness on early shifts often has a fix, such as a bus timetable or a start time 15 minutes later, that a warning will not solve. The progressive discipline policy guide covers how the steps themselves should be written.

Second example: a late-shift pattern

A distribution center notices that 11 of its 14 lateness points last month came from the 5:00 a.m. shift, and most were 5 to 12 minutes late on Mondays.

The supervisor asks the team and learns that the first bus on Monday arrives at 4:58. The center moves the Monday start to 5:15 for anyone on that route and keeps the shift length the same. Monday lateness points drop to 2 the next month, and nobody reaches a warning step for lateness that quarter.

Make the reason code requiredSet up your attendance tracking so that no absence can be saved without a reason code. Protected absences then sort themselves out of the points total automatically.

Questions people ask

What is a no-fault attendance policy?

A policy that counts unscheduled absences the same way regardless of the reason, usually with points. Protected absences still cannot be counted.

Can an employer count FMLA leave as an absence?

No. The FMLA regulation says FMLA leave cannot be counted under no-fault attendance policies.

Can I be fired for calling in sick?

Under an attendance policy, unprotected absences can lead to discipline. Absences protected by FMLA, a sick leave law or an accommodation cannot be held against you.

How many points before you get fired?

It depends on the policy. Many use steps such as coaching, a written warning and a final warning before termination.

Do attendance points expire?

Only if the policy says so. Many policies remove each point after a set period, such as 12 months, and the policy should say exactly when.

Should lateness and absences count the same?

Most policies count lateness as a fraction of an absence. Whatever you choose, apply it the same way to everyone and keep protected absences out of the count.

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Disclaimer: What you read here about attendance policy is general information, not legal, payroll or tax advice, so confirm the current rule where you operate; the examples are fictional.