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Excessive Absenteeism Policy

What is excessive absenteeism?

Under the employment law, excessive absenteeism is defined by the employer. When looking at whether the absenteeism was excessive or not the court will look at “reasonableness” and the employer’s policies in their handbook regarding attendance. Read below where Employment Lawyers have provided answers to the top commonly asked questions on excessive absenteeism.

In the state of California can an employer terminate an employee for excessive absenteeism and then the employee unable to receive unemployment benefits?

The state of California is an “at will” state, and the employer can terminate an employee for any reason except discrimination. On the other hand if the employer has proof and documents of the employees’ absences, then they can provide a detailed letter to the employee with all the dates of the absences, and state any company policies that they have violated. In order to avoid unemployment benefits being granted to the employee, the employer will need to show that the employee was terminated for “cause” or misconduct.

Is it considered unlawful under the Family Medical Leave Act, if an employer terminates an employee for excessive absenteeism if they had a Family Medical leave from the doctor stating they would miss work due to a recurring illness?

If all the reasons for the absences were related to the reason they were on Family Medical Leave Act (FMLA), then the employee would have had a job protection under that Act. The only thing unlawful about the termination is if the employee had missed too many days of work due to other reasons not relevant to the Family Medical Leave Act.

In the state of Kentucky can an employer terminate an employee for excessive absenteeism?

In the state of Kentucky employees are considered to be “at will”. This means that an employer can terminate an employee at any time, for any reason as long as it is not based on discrimination. Terminating an employee for excessive absenteeism is legal. As an “at will” employee the employer can terminate for only one absence for only being a couple minutes late. Unless the employee has an employment contract that provides specific employment terms. Employers can terminate for any reason.

Can an employer terminate an employee for excessive absenteeism even if there is no policy on sick time, or how many days they are allowed to take off work?

The employer has a wide ranging judgment to terminate an employee even if seems wrong or unreasonable; the absent policy will limit that judgment. Since there is no policy the employer can terminate for any amount of days missed.

Is it wrongful termination if someone was terminated after they broke their wrist (non work related) for excessive absenteeism, even though they were not on the schedule?

In this case, this would not be consider unlawful termination, because without written agreements to the contrary, the employee can be terminated for any given reason, as long as it is not based on race, religion, gender, national origin, age, disability, past, current or future military obligation, FMLA usage or filing workers compensation claim.

Many times employees wonder if being terminated for excessive absenteeism is unlawful or not. Experts have many years of experience in employment laws; when dealing with termination due to absenteeism you can consult an Expert for all your employment questions.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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7 Employment Lawyers are Online Now

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Recent Absenteeism Questions

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