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Attendance and Punctuality Policy

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ATTENDANCE AND PUNCTUALITY POLICY

Company: [________________________________]
Policy Number: [________________________________]
Effective Date: [__/__/____]
Last Revised: [__/__/____]
Approved By: [________________________________], [Title]
Applies To: All employees (unless otherwise specified by collective bargaining agreement or individual contract)


TABLE OF CONTENTS

  1. Purpose and Policy Statement
  2. Scope and Applicability
  3. Definitions
  4. Work Schedules and Expectations
  5. Reporting Absences and Tardiness
  6. Types of Absences
  7. Protected Leave — Legal Framework
  8. State Paid Sick Leave Compliance
  9. Progressive Discipline Framework
  10. No-Call / No-Show and Job Abandonment
  11. Reasonable Accommodation for Attendance
  12. Documentation Requirements
  13. Timekeeping and Recordkeeping
  14. Manager and Supervisor Responsibilities
  15. Appeals and Dispute Resolution
  16. Policy Administration
  17. Acknowledgment

1. PURPOSE AND POLICY STATEMENT

[________________________________] ("Company") depends on every employee to be present, punctual, and prepared to work as scheduled. Regular and reliable attendance is an essential function of virtually every position and is critical to maintaining productivity, team morale, customer service, and operational effectiveness.

This policy establishes clear expectations and consistent procedures for attendance and punctuality while recognizing that employees may have legitimate reasons for absence, including protected leave and reasonable accommodations under federal, state, and local law.

The Company will administer this policy in a manner consistent with all applicable legal requirements, including the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), state paid sick leave laws, and other applicable statutes. No employee will be disciplined or terminated for using leave to which they are legally entitled.


2. SCOPE AND APPLICABILITY

2.1 Covered Employees

This policy applies to all employees of the Company, including:

  • Full-time employees
  • Part-time employees
  • Temporary and seasonal employees
  • Probationary employees

Employees covered by a collective bargaining agreement (CBA) should refer to the CBA for applicable attendance provisions. Where the CBA conflicts with this policy, the CBA will control. Where the CBA is silent, this policy applies.

2.2 Exempt vs. Non-Exempt Employees

  • Non-exempt employees are paid for actual hours worked and are subject to all provisions of this policy, including timekeeping requirements and overtime rules under the Fair Labor Standards Act (FLSA)
  • Exempt employees are generally paid on a salary basis and are not subject to hourly timekeeping. However, exempt employees are expected to fulfill the responsibilities of their positions, which includes regular attendance. Deductions from an exempt employee's salary for absences will be made only as permitted under 29 C.F.R. § 541.602

2.3 Remote and Hybrid Employees

Remote and hybrid employees are subject to the same attendance expectations as on-site employees during their scheduled work hours. Specific remote work attendance expectations may be addressed in the employee's Remote Work Agreement or the Company's Remote Work Policy.


3. DEFINITIONS

For purposes of this policy, the following definitions apply:

3.1 Absence

An absence occurs when an employee does not report for a scheduled work shift or is absent for the entirety of a scheduled workday. Absences are categorized as follows:

  • Excused absence: An absence that is reported in advance (when foreseeable) or as soon as practicable, for which the employee provides an acceptable reason and follows proper notification procedures
  • Unexcused absence: An absence for which the employee fails to follow proper notification procedures or provides an insufficient reason, and which is not protected by law
  • Protected absence: An absence taken pursuant to a federal, state, or local leave law (e.g., FMLA, state paid sick leave, military leave, jury duty), for which no disciplinary points will be assessed

3.2 Tardiness (Late Arrival)

Tardiness occurs when an employee reports to work after the scheduled start time for their shift. Employees who clock in or arrive more than [____] minutes after their scheduled start time will be considered tardy.

3.3 Early Departure

An early departure occurs when an employee leaves the workplace before the end of their scheduled shift without prior authorization from their supervisor.

3.4 No-Call / No-Show

A no-call / no-show occurs when an employee fails to report for a scheduled work shift and fails to notify their supervisor or designated contact in accordance with Section 5 of this policy.

3.5 Job Abandonment

Job abandonment occurs when an employee fails to report for work for [____] or more consecutive scheduled workdays without contacting their supervisor or HR, and is not on an approved leave of absence. Job abandonment is treated as a voluntary resignation.

3.6 Partial Absence

A partial absence occurs when an employee reports to work but leaves before completing their full scheduled shift (other than an early departure approved by a supervisor).


4. WORK SCHEDULES AND EXPECTATIONS

4.1 Scheduled Work Hours

Employees are expected to be at their workstation and ready to work at the beginning of their scheduled shift. Standard work schedules are:

  • Standard business hours: [________________________________] (e.g., 8:00 AM to 5:00 PM, Monday through Friday)
  • Shift schedules: As assigned by the employee's supervisor or department manager
  • Core hours (for flexible schedules): [________________________________] (e.g., 10:00 AM to 3:00 PM)

4.2 Schedule Changes

  • Employees requesting changes to their regular schedule must submit a written request to their supervisor at least [____] business days in advance
  • The Company reserves the right to modify schedules based on operational needs, with reasonable advance notice
  • Schedule changes related to a disability accommodation, religious accommodation, or other legal right will be handled through the applicable accommodation process

4.3 Overtime

Non-exempt employees must obtain prior supervisor approval before working overtime unless otherwise directed. Unapproved overtime may result in corrective action; however, all hours actually worked will be compensated in accordance with the FLSA and applicable state law.


5. REPORTING ABSENCES AND TARDINESS

5.1 Notification Requirements

Employees must notify their supervisor or designated contact as soon as they know they will be absent or late. Unless a more specific procedure applies (e.g., FMLA notice requirements), employees must follow these steps:

For foreseeable absences (e.g., scheduled medical appointments, planned personal days):

☐ Provide written notice to supervisor at least [____] business days in advance

☐ Obtain supervisor approval before the absence (where required by Company policy or applicable leave law)

☐ Submit any required leave request forms

For unforeseeable absences (e.g., illness, emergency):

☐ Contact supervisor or designated contact by telephone at least [____] minutes before the scheduled start of the shift (or as soon as practicable if circumstances prevent timely notice)

☐ If the supervisor is unavailable, leave a voicemail and also contact: [________________________________]

☐ Provide an estimated date of return, if known

☐ Follow up daily for ongoing absences unless on approved continuous leave

5.2 Acceptable Methods of Notification

Method Acceptable for Initial Notice?
Telephone call to supervisor Yes (preferred)
Voicemail to supervisor (followed by confirmation) Yes
Text message to supervisor Only if expressly permitted by supervisor
Email to supervisor Only if expressly permitted by supervisor
Call to HR or designated backup contact Yes, if supervisor is unreachable
Having a family member or third party call on employee's behalf Yes, in emergency situations only
No contact whatsoever Not acceptable — treated as no-call/no-show

NOTE: The Company will not require an employee on FMLA leave to follow stricter call-in procedures than are required of employees on non-FMLA leave. 29 C.F.R. § 825.303.

5.3 Contact Information

Employees should direct absence notifications to:

Contact Name Phone Email
Primary [________________________________] [________________________________] [________________________________]
Backup [________________________________] [________________________________] [________________________________]
HR Department [________________________________] [________________________________] [________________________________]

6. TYPES OF ABSENCES

6.1 Excused Absences

The following are generally treated as excused absences, subject to proper notification and documentation:

  • Approved vacation or paid time off (PTO)
  • Approved personal days
  • Illness or injury (subject to documentation requirements for extended absences)
  • Medical or dental appointments that cannot be scheduled outside work hours
  • Family emergencies (death, serious illness, or injury of an immediate family member)
  • Bereavement leave
  • Pre-approved schedule changes
  • Weather-related office closures or emergencies declared by management

6.2 Protected Absences (Not Counted in Discipline)

The following absences are protected by law and will not be counted as attendance occurrences or considered in any disciplinary action:

  • Family and Medical Leave Act (FMLA) qualifying leave
  • ADA-related leave as a reasonable accommodation
  • Pregnant Workers Fairness Act (PWFA) accommodations
  • State or local paid sick leave (used in accordance with applicable law)
  • Military leave under USERRA
  • Jury duty or court-mandated appearances
  • Voting leave (where required by state law)
  • Workers' compensation leave
  • Domestic violence, sexual assault, or stalking leave (where provided by state law)
  • Bone marrow or organ donation leave (where required by state law)
  • Crime victim leave (where required by state law)
  • Any other absence protected by applicable federal, state, or local law

6.3 Unexcused Absences

An absence will be considered unexcused if the employee:

  • Fails to follow proper notification procedures without a reasonable justification
  • Does not provide an acceptable reason for the absence
  • Is absent for reasons that are not covered by Company leave policies or applicable law
  • Has exhausted all available leave and does not have an approved accommodation or extension

7. PROTECTED LEAVE — LEGAL FRAMEWORK

The Company administers this attendance policy in full compliance with all applicable leave laws. The following is a summary of key federal and state leave protections. This section is informational and does not replace the Company's separate leave policies or applicable legal requirements.

7.1 Family and Medical Leave Act (FMLA) — 29 U.S.C. § 2601 et seq.

Coverage: Employers with 50 or more employees within 75 miles of the worksite.

Eligibility: Employees who have worked for the Company for at least 12 months and at least 1,250 hours in the preceding 12 months.

Entitlement:

  • Up to 12 workweeks of unpaid, job-protected leave in a 12-month period for:
  • Birth and care of a newborn child
  • Placement of a child for adoption or foster care
  • Care of a spouse, child, or parent with a serious health condition
  • Employee's own serious health condition rendering them unable to perform essential job functions
  • Qualifying exigency arising from a family member's military service
  • Up to 26 workweeks in a single 12-month period for military caregiver leave

Interaction with attendance policy:

  • FMLA-qualifying absences will not be counted as attendance occurrences
  • FMLA-qualifying absences will not be used as a basis for disciplinary action
  • The Company will not require employees on FMLA leave to comply with stricter call-in procedures than non-FMLA absences
  • Employees who exhaust FMLA leave may be eligible for additional leave as an ADA or state-law accommodation

7.2 Americans with Disabilities Act (ADA) — 42 U.S.C. § 12101 et seq.

Attendance as an essential function: While regular attendance is generally considered an essential function of employment, the ADA may require the Company to modify attendance requirements as a reasonable accommodation for a qualified individual with a disability.

Possible accommodations include:

  • Modified work schedule or flexible hours
  • Additional unpaid leave beyond FMLA entitlement
  • Permission for periodic absences for medical treatment
  • Part-time or reduced-hour schedule
  • Remote work arrangement (evaluated on a case-by-case basis)
  • Reassignment to a vacant position with different attendance demands

Interactive process: When an employee's disability-related absences become an issue, the Company will engage in the interactive process to determine whether a reasonable accommodation exists that would enable the employee to meet attendance requirements, or whether modified attendance requirements would constitute a reasonable accommodation.

NOTE TO EMPLOYER: An attendance policy that imposes automatic, inflexible discipline without considering ADA obligations may violate the ADA. Every situation involving disability-related absences should be individually assessed. See EEOC Enforcement Guidance on Reasonable Accommodation (2002), as revised.

7.3 Pregnant Workers Fairness Act (PWFA) — 42 U.S.C. § 2000gg et seq.

Employees with known limitations related to pregnancy, childbirth, or related medical conditions may be entitled to attendance-related accommodations, such as:

  • Modified attendance or schedule flexibility for prenatal appointments
  • Additional breaks (e.g., for morning sickness, hydration, restroom use)
  • Leave for recovery from childbirth or pregnancy complications
  • Temporary modification of attendance standards

7.4 Uniformed Services Employment and Reemployment Rights Act (USERRA) — 38 U.S.C. § 4301 et seq.

Coverage: All employers, regardless of size.

Protections:

  • Employees who leave their positions for military service are entitled to reemployment upon return, provided they meet specified conditions
  • Military leave absences will not be counted as attendance occurrences and will not be used as a basis for disciplinary action
  • The Company will not discriminate against employees because of military service or obligations
  • Advance notice of military leave is required (when feasible), but failure to give advance notice does not forfeit USERRA rights if giving notice is precluded by military necessity

7.5 Jury Duty and Court Appearances

  • Employees called for jury duty or subpoenaed for court appearances will be granted leave for the duration of service
  • Jury duty absences are not counted as attendance occurrences
  • Employees must provide the jury summons or subpoena to their supervisor as soon as received
  • Compensation during jury duty leave: [☐ Paid / ☐ Unpaid / ☐ Difference between jury pay and regular pay / ☐ Per Company policy or state law]

NOTE: Many states require employers to provide paid leave for jury duty or prohibit termination for jury service. Consult applicable state law.

7.6 Voting Leave

Many states require employers to provide time off for voting. The Company will comply with all applicable state voting leave laws, which may include:

  • Paid time off to vote (duration varies by state, typically 1-3 hours)
  • Requirements to post notice of voting leave rights
  • Restrictions on which hours may be designated for voting leave

NOTE: State voting leave requirements vary widely. Verify requirements for each state in which you have employees.

7.7 Bereavement Leave

The Company provides [____] days of [☐ paid / ☐ unpaid] bereavement leave for the death of an immediate family member (as defined by Company policy). Bereavement leave is an excused absence and is not counted as an attendance occurrence.

NOTE: Some states and municipalities now require paid bereavement leave (e.g., Illinois, Oregon, Maryland, California for reproductive loss). Verify applicable requirements.


8. STATE PAID SICK LEAVE COMPLIANCE

The Company complies with all applicable state and local paid sick leave laws. Employees who use paid sick leave in accordance with applicable law will not be subject to attendance-related discipline for the covered absence.

8.1 States with Paid Sick Leave Requirements

The following is a summary of key state paid sick leave laws as of the date of this policy. This table is not exhaustive, and additional local ordinances may apply.

State Accrual Rate Annual Cap Employer Size Threshold Key Citation
California 1 hr / 30 hrs worked 40 hours (5 days) All employers (with some limited exceptions) Cal. Lab. Code § 245 et seq. (SB 616, effective 2024)
New York 1 hr / 30 hrs worked 40-56 hrs (varies by employer size) All employers N.Y. Lab. Law § 196-b
Colorado 1 hr / 30 hrs worked 48 hours All employers C.R.S. § 8-13.3-401 et seq.
Washington 1 hr / 40 hrs worked No statutory cap on accrual All employers RCW 49.46.200 et seq.
New Jersey 1 hr / 30 hrs worked 40 hours All employers N.J.S.A. 34:11D-1 et seq.
Connecticut 1 hr / 40 hrs worked 40 hours Employers with 50+ (service workers); all employers (as of 2025) Conn. Gen. Stat. § 31-57s et seq.
Arizona 1 hr / 30 hrs worked 24-40 hrs (varies by employer size) All employers A.R.S. § 23-371 et seq.
Oregon 1 hr / 30 hrs worked 40 hours All employers (paid for 10+; unpaid for fewer) ORS 653.601 et seq.
Massachusetts 1 hr / 30 hrs worked 40 hours All employers (paid for 11+; unpaid for fewer) M.G.L. c. 149, § 148C
Michigan 1 hr / 30 hrs worked 72 hours (paid sick time) Employers with 1+ employees M.C.L. § 408.961 et seq. (Earned Sick Time Act, as amended 2025)
Minnesota 1 hr / 30 hrs worked 48 hours All employers Minn. Stat. § 181.9445 et seq.
Maryland 1 hr / 30 hrs worked 40 hours (64 hrs accrual) Employers with 15+ (paid); fewer (unpaid) Md. Code, Lab. & Empl. § 3-1301 et seq.
Illinois 1 hr / 40 hrs worked 40 hours All employers 820 ILCS 192/ (Paid Leave for All Workers Act, effective 2024)
Nebraska 1 hr / 30 hrs worked 40-56 hrs (varies by employer size) Employers with 20+ (2025); all employers (2026) Neb. Rev. Stat. § 48-2701 et seq.

NOTE TO EMPLOYER: This table reflects laws in effect as of the date of this policy. Paid sick leave laws are being adopted and amended frequently. Additionally, many cities and counties have their own paid sick leave ordinances (e.g., San Francisco, Los Angeles, Seattle, Minneapolis, Philadelphia, Chicago, Pittsburgh, New York City). Consult counsel for all applicable requirements in your jurisdictions.

8.2 Permitted Uses of Paid Sick Leave

While specific permitted uses vary by jurisdiction, paid sick leave generally may be used for:

  • Employee's own illness, injury, or medical condition (including preventive care)
  • Care for a family member with an illness, injury, or medical condition
  • Absences related to domestic violence, sexual assault, or stalking (for the employee or a family member)
  • Closure of the employee's workplace or child's school/care facility due to a public health emergency
  • Other reasons specified under applicable law

8.3 Anti-Retaliation

The Company will not retaliate against any employee for using paid sick leave or filing a complaint regarding paid sick leave rights. State paid sick leave laws generally prohibit:

  • Counting paid sick leave usage as an attendance occurrence or infraction
  • Disciplining an employee for using paid sick leave in accordance with the law
  • Terminating or threatening to terminate an employee for using paid sick leave
  • Requiring an employee to find a replacement as a condition of using paid sick leave

9. PROGRESSIVE DISCIPLINE FRAMEWORK

9.1 General Approach

The Company uses a progressive discipline approach for attendance issues that are not attributable to protected leave or disability accommodations. The purpose of progressive discipline is to provide employees with notice and an opportunity to correct attendance problems before more serious consequences result.

IMPORTANT: Protected absences (FMLA, ADA, USERRA, paid sick leave, jury duty, etc.) will never be counted as occurrences in the progressive discipline framework. Each attendance situation will be individually evaluated to determine whether any protected leave or accommodation applies before discipline is imposed.

9.2 Attendance Occurrence Point System

The Company uses the following point system to track attendance occurrences. Points are assessed only for unexcused absences and attendance infractions:

Occurrence Type Points
Unexcused absence (full day) [____] points
Unexcused partial absence [____] points
Unexcused tardiness (up to [____] minutes) [____] point(s)
Unexcused tardiness (over [____] minutes) [____] points
Unexcused early departure [____] points
No-call / no-show [____] points
Pattern absence (e.g., repeated absences on Mondays/Fridays, before/after holidays) [____] additional points (per verified pattern)

NOTE TO EMPLOYER: A point system is one common approach. Alternative approaches include a simple occurrence-based system without point values or a narrative performance management approach. Choose the method that best fits your workforce and culture. Regardless of the method used, exclude all protected absences from the tracking system.

9.3 Discipline Schedule

Points accumulate over a rolling [____]-month period. When an employee reaches the following thresholds, the corresponding disciplinary step is triggered:

Points Accumulated Disciplinary Step Documentation
[____] points Step 1: Verbal Counseling — Documented conversation with supervisor addressing attendance concerns Supervisor notes in attendance file
[____] points Step 2: Written Warning — Formal written notice identifying the attendance deficiency and expectation for improvement Written warning signed by employee and supervisor
[____] points Step 3: Final Written Warning / Suspension — Final notice advising that further attendance issues may result in termination; may include [____]-day suspension without pay (non-exempt) or with pay (exempt, as required by 29 C.F.R. § 541.602) Final written warning; suspension notice
[____] points Step 4: Termination — Separation from employment for continued failure to meet attendance expectations Termination documentation

9.4 Mitigating Factors

Before imposing discipline at any step, the supervisor and HR should consider:

  • Whether any absence at issue may be protected under FMLA, ADA, USERRA, state sick leave, or other applicable law
  • Whether the employee has a pending or approved accommodation request
  • Whether the employee has a history of otherwise satisfactory performance
  • Whether there are extenuating circumstances that explain the attendance issue
  • Whether discipline has been applied consistently to similarly situated employees
  • The employee's overall tenure and attendance record

9.5 Point Reset

Attendance points will be reset to zero at the end of the rolling [____]-month period, provided the employee has not received a Step 3 or Step 4 action during the period. Employees who successfully complete a performance improvement period may have their point total adjusted at the discretion of HR.


10. NO-CALL / NO-SHOW AND JOB ABANDONMENT

10.1 No-Call / No-Show

A no-call/no-show is treated as one of the most serious attendance infractions. Each no-call/no-show occurrence will result in:

  • First no-call/no-show: Written warning (Step 2 discipline minimum)
  • Second no-call/no-show (within [____] months): Final written warning or suspension (Step 3)
  • Third no-call/no-show (within [____] months): Termination (Step 4)

10.2 Job Abandonment

An employee who fails to report for work for [____] or more consecutive scheduled workdays without contacting the Company will be considered to have voluntarily resigned their position due to job abandonment, unless:

  • The employee was physically unable to make contact (e.g., medical emergency, incarceration, natural disaster), in which case the Company will evaluate the circumstances upon the employee's return or contact
  • The absence is subsequently determined to be protected under FMLA, ADA, USERRA, or other applicable law

Before concluding that an employee has abandoned their position, the Company will:

☐ Attempt to contact the employee by phone, email, and/or mail

☐ Allow a reasonable period for the employee to respond (typically [____] business days after the attempted contact)

☐ Review whether any protected leave or accommodation may apply

☐ Consult with HR and, where appropriate, legal counsel

☐ Send a written notice of job abandonment termination by certified mail


11. REASONABLE ACCOMMODATION FOR ATTENDANCE

11.1 ADA Accommodations

Employees with disabilities that affect their ability to meet standard attendance requirements may request a reasonable accommodation. The Company will engage in a good-faith interactive process to determine whether a reasonable accommodation exists that would enable the employee to perform the essential functions of their position.

Possible attendance-related accommodations include:

  • Modified work schedule (e.g., later start time, compressed workweek)
  • Periodic leave for medical treatment (e.g., dialysis, therapy, chemotherapy)
  • Additional unpaid leave beyond FMLA entitlement
  • Part-time or reduced-hour schedule
  • Remote work arrangement
  • Reassignment to a vacant position with different attendance requirements
  • Modification of the attendance point system to exclude disability-related absences

11.2 Pregnancy Accommodations (PWFA)

Employees with known limitations related to pregnancy, childbirth, or related medical conditions may request schedule modifications or other attendance-related accommodations under the Pregnant Workers Fairness Act.

11.3 Religious Accommodations

Employees who require schedule modifications for religious observances (e.g., Sabbath, religious holidays, prayer times) should request an accommodation through HR. The Company will provide reasonable accommodation unless it would cause undue hardship.

11.4 How to Request an Accommodation

Employees seeking an attendance-related accommodation should:

☐ Notify their supervisor or HR that they need a modification to the standard attendance policy

☐ Describe the nature of the limitation and the type of accommodation that would be helpful

☐ Provide medical documentation when requested (the Company will limit requests to information necessary to establish the need for accommodation)

☐ Participate in the interactive process in good faith


12. DOCUMENTATION REQUIREMENTS

12.1 When Documentation May Be Required

The Company may require documentation to support an absence in the following circumstances:

Circumstance Documentation Required
Absence of 3+ consecutive workdays due to illness Medical provider's note confirming inability to work and fitness for return
FMLA leave FMLA medical certification (DOL Form WH-380-E or WH-380-F)
ADA accommodation Medical documentation sufficient to establish disability and need for accommodation
Workers' compensation leave Treating physician's report and return-to-work release
Jury duty Copy of jury summons and proof of service
Military leave Copy of military orders
Bereavement Documentation of familial relationship (e.g., obituary, death certificate) — requested only when reasonable doubt exists
State paid sick leave Per applicable state law (note: many states prohibit requiring documentation for absences of 3 or fewer days)

12.2 Limitations on Documentation Requests

The Company will not request documentation in a manner that violates applicable law:

  • Paid sick leave laws: Many states prohibit requiring a doctor's note for short-term absences (typically 3 days or fewer). Consult applicable state law before requiring documentation for sick leave usage.
  • GINA: The Company will not request genetic information when seeking medical documentation. Medical certification forms should include the safe-harbor language recommended by the EEOC.
  • HIPAA: While HIPAA generally does not apply to employers directly, the Company will handle employee medical information confidentially and store it separately from personnel files.

12.3 Return-to-Work Clearance

The Company may require a fitness-for-duty certification before permitting an employee to return from a medical leave of absence, provided:

  • The requirement is applied consistently to similarly situated employees
  • The certification is limited to the employee's ability to perform the essential functions of their position
  • For FMLA leave, the requirement is identified in the Company's FMLA designation notice

13. TIMEKEEPING AND RECORDKEEPING

13.1 Timekeeping Requirements

Non-exempt employees must accurately record all hours worked using the Company's designated timekeeping system: [________________________________] (e.g., time clock, electronic timekeeping system, timesheet).

  • Employees must clock in at the start of their shift and clock out at the end
  • All meal periods and break times must be recorded in accordance with applicable state law
  • Employees must not clock in for another employee or allow another employee to clock in on their behalf (buddy punching)
  • Any errors in time records must be reported to the supervisor immediately for correction

13.2 FLSA Compliance

The Company is required to maintain accurate records of hours worked for all non-exempt employees under the FLSA (29 U.S.C. § 211(c); 29 C.F.R. Part 516). Falsification of time records — by an employee or a supervisor — is grounds for immediate termination.

13.3 Attendance Records

The Company will maintain attendance records, including:

  • Individual attendance logs (absences, tardiness, early departures)
  • Disciplinary records related to attendance
  • Leave request forms and approval documentation
  • Medical certifications and accommodation records (maintained confidentially)

Attendance records will be retained for a minimum of [____] years after the end of the calendar year in which the record was created, or as required by applicable law.


14. MANAGER AND SUPERVISOR RESPONSIBILITIES

Managers and supervisors are responsible for the fair and consistent administration of this policy. Specifically, managers and supervisors must:

☐ Communicate attendance expectations clearly to all employees

☐ Monitor attendance and address issues promptly and consistently

☐ Follow proper notification and documentation procedures before issuing discipline

☐ Consult with HR before issuing any discipline at Step 2 or above

☐ Recognize and properly categorize protected absences — never discipline an employee for using FMLA leave, ADA accommodation, sick leave, military leave, jury duty, or other legally protected leave

☐ Forward any accommodation request to HR for processing through the interactive process

☐ Avoid making medical inquiries beyond what is permitted by law

☐ Apply the policy consistently across all employees in their department, without favoritism or discrimination based on any protected characteristic

☐ Document all attendance-related conversations, warnings, and actions

☐ Escalate any uncertain situation to HR before taking action

Managers who fail to properly administer this policy — including those who impose discipline for protected absences — may be subject to corrective action.


15. APPEALS AND DISPUTE RESOLUTION

15.1 Right to Appeal

An employee who receives attendance-related discipline under this policy may appeal the action using the following process:

Step 1: Submit a written appeal to their supervisor's manager within [____] business days of receiving the disciplinary notice, explaining the grounds for the appeal

Step 2: The reviewing manager will meet with the employee, review the relevant records, and issue a written decision within [____] business days

Step 3: If the employee is not satisfied with the Step 2 decision, they may submit a final appeal to the HR Director within [____] business days of receiving the Step 2 decision. The HR Director's decision is final

15.2 Grounds for Appeal

Appeals may be based on:

  • The absence at issue was improperly categorized (e.g., should have been protected leave)
  • The policy was not applied consistently
  • There are relevant facts that were not considered
  • The disciplinary action is disproportionate to the infraction
  • The employee was not provided adequate notice of the policy or expectations

16. POLICY ADMINISTRATION

16.1 Dissemination

This policy shall be:

  • Distributed to all employees upon hire and upon any material revision
  • Included in the employee handbook or posted on the Company intranet
  • Reviewed with new employees during orientation
  • Made available in languages spoken by a significant portion of the workforce, where appropriate

16.2 Annual Review

This policy shall be reviewed at least annually by HR and legal counsel to ensure compliance with current federal, state, and local law — particularly in light of frequent changes to state paid sick leave laws.

16.3 Non-Waiver

The Company's failure to enforce this policy in a particular instance does not constitute a waiver of the Company's right to enforce it in the future.


17. ACKNOWLEDGMENT

By signing below, I acknowledge that I have received, read, and understood the Company's Attendance and Punctuality Policy. I agree to comply with the attendance and reporting requirements set forth in this policy. I understand that failure to meet attendance expectations may result in disciplinary action, up to and including termination, subject to applicable legal protections.

I understand that this policy does not create a contract of employment or alter the at-will nature of my employment (where applicable under state law).

Employee Name (Print): [________________________________]

Employee Signature: [________________________________]

Date: [__/__/____]

Manager/Witness Name (Print): [________________________________]

Manager/Witness Signature: [________________________________]

Date: [__/__/____]


SOURCES AND REFERENCES

  • Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; 29 C.F.R. Part 825
  • Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.; 29 C.F.R. Part 1630
  • Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq.; EEOC Final Rule, 89 Fed. Reg. 29,096 (Apr. 19, 2024)
  • Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq.; 20 C.F.R. Part 1002
  • Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; 29 C.F.R. Parts 516, 541, 785
  • EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA (2002, as revised)
  • California Paid Sick Leave: Cal. Lab. Code § 245 et seq. (SB 616)
  • New York Paid Sick Leave: N.Y. Lab. Law § 196-b
  • Colorado Paid Sick Leave: C.R.S. § 8-13.3-401 et seq.
  • Washington Paid Sick Leave: RCW 49.46.200 et seq.
  • New Jersey Paid Sick Leave: N.J.S.A. 34:11D-1 et seq.
  • Illinois Paid Leave for All Workers Act: 820 ILCS 192/
  • U.S. DOL State Paid Sick Leave Laws Chart (December 2024): www.dol.gov/sites/dolgov/files/WB/StatePaidSickLeaveLaws.pdf

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Attendance and leave laws vary by jurisdiction and change frequently. Do not implement this policy without professional legal review tailored to your specific circumstances.

Generated by ezel.ai — Last updated 2026-02-26

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About This Template

Employment documents govern the relationship between a company and its workers, from offer letters and employment agreements through handbooks, performance reviews, and separations. Done right, they set clear expectations, protect against wrongful termination and discrimination claims, and give both sides a record to rely on. Done poorly, they invite lawsuits, agency complaints, and costly disputes.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: March 2026