Finding Fault with No-Fault Attendance Policies

Posted on

October 11th, 2017

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shutterstock_227384539 - CopyNo-fault attendance policies are a popular method of absence management. Employers assign points to various attendance infractions: half a point for tardiness, half a point for leaving work early, and a whole point for absences. Once an employee reaches a certain number of points, the employer can discipline or fire the employee without investigating the reasons behind the attendance infringements. However, such uncompromising policies can backfire and create headaches for employers.

Discrimination Issues Regarding No-Fault Policies

The biggest issue facing no-fault policies is point implementation. The Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) protect absences related to serious health conditions. If a manager is unfamiliar with these acts, he or she may assign points to an employee by mistake. If a company then terminates that employee, the company is open to a discrimination lawsuit.
This exact scenario ended poorly for Verizon. The Equal Employment Opportunity Commission (EEOC) launched a national class action lawsuit against Verizon for violating the ADA. Verizon failed to provide reasonable accommodations as laid out by the ADA and terminated a disabled employee based on their no-fault policy. Verizon settled for $20 million.

Avoiding No-Fault Pitfalls

The best way to avoid discrimination lawsuits related to no-fault policies is to shift point assessment from supervisors to Human Resources (HR). HR employees receive training regarding FMLA and ADA so they know which absences cannot receive points. Employers should also include a caveat in their handbook detailing that employees will not receive points for FMLA or ADA-protected absences.
Actec understands the intricacies of managing employee attendance. That is why we strive to help employers simplify absence reporting and management. To learn more about tracking and reducing employee absences, contact us today.

Absence Management: What You Don't Know Can Cost You

Posted on

August 4th, 2014

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Absence management may seem superfluous, but in reality all corporations without it face a variety of unknowns when it comes to lost productivity. How much time is lost due to absence? How well is it tracked? To what extent can these factors be improved upon? How much room is there to enhance savings for the company, and in what ways can employers improve absence experiences for their employees?

Absence management can improve circumstances for all parties involved by improving knowledge, accuracy, and understanding of absence policies and their effects on the workplace. Though these procedures are complex, they can be performed in-house. But many medium-to-large organizations outsource their absence management programs to ensure efficacy and minimize additional effort and staffing. To learn more about the unknowns of your company’s absence policies and how to improve them, contact Actec.