When it comes to employment, attendance is often a critical factor that employers evaluate. However, employees may wonder if they can be fired for excused absences — those that have been approved by a supervisor or fall under a company’s leave policy. Understanding the nuances of attendance policies, your rights as an employee, and what constitutes an “excused absence” can help navigate this complex issue.
What Are Excused Absences?
Excused absences refer to time off from work that an employer approves due to specific reasons that may be outlined in an organization’s attendance policy. These absences are typically planned or occur due to unforeseen circumstances. Common examples include:
- Medical appointments or illness
- Family emergencies
- Jury duty or court appearances
- Bereavement leave
- Military service
- Parental leave
Excused absences are usually covered by company policy or are protected under federal and state laws. Employers may require documentation, such as a doctor’s note, to verify the reason for the absence.
Difference Between Excused and Unexcused Absences
| Criteria | Excused Absences | Unexcused Absences |
| Definition | Approved leave due to legitimate reasons | Absences without approval or valid reason |
| Common Examples | Illness, family emergency, jury duty | Missing work without notice, tardiness |
| Documentation | Often required (e.g., doctor’s note) | Not usually applicable |
| Impact on Employment | Less likely to lead to disciplinary action | Can lead to disciplinary action or dismissal |
Legal Protections for Excused Absences
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons. This leave can be taken for the birth and care of a newborn child, adoption or foster care placement, caring for an immediate family member with a serious health condition, or for the employee’s own serious health condition. The FMLA ensures that employees can take time off for these significant life events and medical needs without the risk of losing their job. During this leave, the employee’s job is protected, meaning they cannot be terminated solely for taking FMLA leave. Employers must reinstate the employee to their original position or an equivalent one upon their return, thereby safeguarding their employment status during the leave period.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities. These accommodations can include modifications such as allowing additional time off for medical treatment or recovery, which is crucial for employees managing a disability. Employers are obligated to make these accommodations unless it would cause undue hardship to their business. Undue hardship refers to significant difficulty or expense in relation to the size and resources of the business. By providing reasonable accommodations, employers help ensure that employees with disabilities have the opportunity to perform their job duties effectively while adhering to legal requirements.
State Laws and Protections
In addition to federal laws, several states have their own regulations that offer further protections for employees regarding excused absences. These state-specific laws can include provisions for domestic violence victims needing time off for legal proceedings or medical treatment related to domestic violence. Some states also protect employees who serve as volunteer firefighters or emergency responders by allowing them time off to fulfill these roles without the risk of job loss. Additionally, many states have laws that guarantee time off for voting or jury duty, ensuring that employees are not penalized for participating in civic duties. These state laws complement federal protections by addressing a wider range of personal and civic responsibilities, enhancing the overall legal framework supporting excused absences.
Common Company Attendance Policies
No-Fault Attendance Policy
A no-fault attendance policy means that any absence, regardless of the reason, counts toward an employee’s attendance record. Employees are allotted a specific number of absences or points; exceeding this limit may result in disciplinary action or termination.
Key Features:
- All absences are counted equally, whether excused or unexcused
- Points system where absences accrue points
- Disciplinary actions triggered after a certain threshold
Traditional Attendance Policy
A traditional attendance policy differentiates between excused and unexcused absences. Under this policy:
- Excused absences are not penalized
- Unexcused absences can lead to disciplinary action
- Employees must provide documentation to justify excused absences
Paid Time Off (PTO) Policy
Many companies use a Paid Time Off (PTO) policy that combines sick leave, vacation time, and personal days into a single bank of days that employees can use at their discretion.
Advantages:
- Flexibility for employees to manage their time off
- Encourages transparency in time-off requests
Disadvantages:
- If employees exhaust PTO, additional absences may be treated as unexcused
Can You Be Fired for Excused Absences?
Employer Discretion
Even if an absence is excused, an employer may still have the discretion to terminate employment, especially if the employee frequently takes time off or if it impacts business operations. Here are some scenarios where this may occur:
- Excessive Absenteeism: Even with valid reasons, excessive absences can disrupt productivity.
- Performance Issues: An employee’s performance may suffer due to frequent absences.
- Company Needs: In certain industries, consistent attendance may be crucial (e.g., healthcare, retail).
Violation of Attendance Policy
An employee can be terminated for violating a company’s attendance policy, even if the absences are excused. For example:
- Exceeding Allowed Leave: If an employee exceeds the amount of leave permitted under company policy, they may face disciplinary actions.
- Failure to Provide Documentation: If an employee fails to provide required documentation for an excused absence, the absence may be treated as unexcused.
Examples of Situations That May Lead to Termination
| Situation | Possible Outcome | Justification |
| Frequent short-term illnesses | Termination | Disrupts productivity and workflow |
| Extended leave beyond FMLA coverage | Termination | Exceeds allowed time off |
| Failure to follow notification policy | Warning or Termination | Violates company policy |
| Use of unapproved time for personal use | Warning or Termination | Considered unexcused absence |
Employer Rights and Responsibilities
Right to Enforce Policies
Employers have the right to establish and enforce attendance policies that are tailored to their business needs, as long as these policies comply with federal and state laws. This includes setting clear expectations regarding attendance, such as punctuality and the procedure for requesting time off. By defining these expectations, employers can ensure that employees understand their obligations and the consequences of failing to meet them. If an employee violates these policies, employers have the authority to implement disciplinary actions, which can range from warnings to termination, depending on the severity of the violation. This right allows employers to maintain operational efficiency and manage employee attendance effectively.
Responsibility to Provide Reasonable Accommodations
Employers are obligated to provide reasonable accommodations to employees with disabilities under laws such as the Americans with Disabilities Act (ADA). This responsibility involves making adjustments or modifications to the work environment or work schedules to support employees who need them due to a disability. Examples of reasonable accommodations might include flexible work hours, modified duties, or additional time off for medical appointments. By fulfilling this obligation, employers ensure that employees with disabilities have equal opportunities to perform their job duties and contribute to the workplace, while also complying with legal requirements.
Steps to Protect Yourself from Termination
Understand Your Company’s Attendance Policy
To avoid termination due to absences, it is essential to understand your company’s attendance policy thoroughly:
- Read the Employee Handbook: Familiarize yourself with the guidelines on leave, excused and unexcused absences, and the documentation required.
- Clarify with HR: If anything is unclear, speak with your Human Resources (HR) department.
Communicate Clearly with Your Employer
- Notify in Advance: Inform your employer of any planned absences as early as possible.
- Provide Required Documentation: Submit all necessary documentation, like a doctor’s note, to justify your absence.
- Follow Up: Ensure that your absence has been recorded as excused by following up with HR or your supervisor.
Keep Records of Your Absences
Maintaining your own records of absences, reasons, and any correspondence with your employer can help if there is ever a dispute.
| Action | Purpose | Tips for Implementation |
| Document absences | Have proof of your excused absences | Keep copies of doctor’s notes, emails |
| Communicate proactively | Minimize misunderstandings | Inform employer promptly |
| Know your rights | Be aware of legal protections | Understand FMLA, ADA, and state laws |
What to Do If You Face Unfair Termination
Review Company Policy and Documentation
If you believe you have been unfairly terminated for an excused absence:
- Check Company Policy: Review your company’s attendance policy to ensure the termination aligns with their rules.
- Gather Documentation: Collect all relevant documents, such as emails, doctor’s notes, and attendance records.
Seek Legal Advice
Consult with an employment lawyer to understand your rights and determine if you have a case for wrongful termination. An attorney can help you navigate the legal complexities and represent you if necessary.
Contact the Equal Employment Opportunity Commission (EEOC)
If you believe your termination was due to discrimination or failure to accommodate a disability, you can file a complaint with the EEOC. They will investigate your claim and determine if your employer violated any laws.
Tips for Employers to Handle Excused Absences Fairly
Establish Clear Attendance Policies
Defining what constitutes an excused versus an unexcused absence is essential for maintaining a fair and transparent attendance policy. Excused absences typically include situations such as illness, medical appointments, or personal emergencies, and should be supported by appropriate documentation, like a doctor’s note or a court subpoena. Communicating these definitions clearly ensures that employees understand the criteria and procedures for reporting absences. Additionally, to reinforce the policy, consider providing training sessions or holding meetings to discuss the attendance guidelines with your staff. This proactive approach helps prevent misunderstandings and ensures that all employees are aware of their responsibilities and the expectations regarding absences.
Be Flexible and Fair
When handling absences, it’s important to consider each case individually, as each employee’s circumstances can vary significantly. Flexibility and empathy can play a crucial role in managing absences fairly. For instance, some employees might require accommodations due to medical conditions or personal issues, and being open to discussing these needs can help build trust and maintain morale. Providing reasonable accommodations, such as adjusted work schedules or temporary changes in job duties, should align with both federal and state guidelines. By recognizing the uniqueness of each situation and offering support where possible, employers can foster a more inclusive and understanding work environment.
Implement a Points or Progressive Discipline System
A points-based or progressive discipline system can help manage attendance issues in a fair and transparent manner. In a points-based system, employees receive points for each absence, and once a certain threshold is reached, disciplinary actions are triggered. This system helps to clearly outline the consequences of frequent absences and provides a structured approach to managing attendance. Alternatively, a progressive discipline system starts with less severe actions, such as verbal or written warnings, and escalates to more significant consequences, like suspension or termination, if attendance issues persist. This method allows employees the opportunity to improve their attendance before facing more severe penalties and ensures that disciplinary measures are applied consistently.