Many companies use something called a “no fault” attendance policy. These policies are designed to track how often employees miss work, regardless of the reason for the absence. At first, this may sound straightforward. However, in practice, these policies can raise serious concerns, especially when dealing with a medical issue or emergency.
If your employer has this type of policy, it’s important to understand your rights and what you can do if you’re disciplined under it.
How “No Fault” Attendance Policies Work
With a no fault attendance policy, the company does not ask why you missed work. Instead, you receive points (or “occurrences”) each time you’re absent or late.
Once you reach a certain number of points, you may face penalties such as:
- Verbal or written warnings
- Suspension or probation
- Termination of employment
For example, you might receive one point for calling out sick and half a point for arriving late. The absence may still count even if you provide a doctor’s note.
In many workplaces, points roll off after a set period of time, such as six or twelve months. However, if you rack up points quickly, you could be disciplined even if you have valid reasons for missing work.
When a “No Fault” Policy Becomes a Legal Issue
These policies are not illegal by themselves. However, they can violate the law if they punish you for absences that are protected under state or federal law.
Here are a few examples:
- FMLA leave: The Family and Medical Leave Act (FMLA) protects your job if you need time off for a serious health condition or to care for a family member. Absences under the FMLA cannot legally count against you.
- ADA accommodations: If you have a disability covered under the Americans with Disabilities Act (ADA), you may be entitled to flexible leave or modified attendance as a reasonable accommodation.
- Arizona sick leave laws: Arizona has laws that require certain employers to allow a certain amount of paid sick leave. Penalizing you for using it may be illegal.
If you’re disciplined or fired for absences that fall under these protections, your employer may be violating your rights.
What You Should Do if You’re Being Penalized
If you’re being written up or facing other consequences under a no fault policy, take these steps:
- Gather documentation: Keep records of all absences, doctor’s notes, emails, or FMLA paperwork. This can help you prove that your absences were legally protected.
- Review your employee handbook: Your company’s written policy may provide information about how points are tracked, when they expire, and whether exceptions apply.
- Talk to HR: If your absences are related to a disability or health issue, notify Human Resources. You may need to formally request a workplace accommodation or medical leave.
- Contact a lawyer: If you’re still being punished, contact an employment attorney. They can explain your rights and help you take legal action if needed.
It’s always a good idea to act quickly, as waiting too long could limit your options or weaken your case.
Contact the Phoenix Employment Lawyers at Houk Employment Attorneys for Help Today
A no fault attendance policy doesn’t mean your employer can ignore federal or state laws. If your absences are protected by the FMLA, ADA, or local sick leave laws, you shouldn’t be punished for taking time off.
For more information, please contact an experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
