Attendance Policy

This is the highest-stakes compliance section of any attendance policy.

Summarise this post with:

Attendance Policy is an employer’s written rules governing when employees must be present, how absences and tardiness are reported, what consequences apply to violations, and which absence categories are protected from discipline. Most hourly workforces use a points-based or progressive-discipline attendance policy. Also called: absenteeism policy, time and attendance policy, no-fault attendance policy.

Image showing the meaning of Attendance Policy

Why attendance policies matter

Unplanned absences cost US employers an average 36% of payroll across hourly populations in absenteeism-related productivity loss, per industry research. In shift-based operations – manufacturing, retail, healthcare, distribution – a no-show absence cascades into overtime cost, customer service failure, or production line stoppage. The attendance policy is the operational and legal scaffolding that limits this exposure: it defines what counts as an absence, sets consistent consequences, documents the discipline path, and – crucially – excludes the protected leave categories that the policy is not permitted to penalise.

The two main policy structures

Progressive discipline attendance policy

Each unexcused absence or tardiness triggers a documented step in a discipline ladder – verbal warning, written warning, final warning, suspension, termination. More flexible; more managerial discretion; more risk of inconsistency.

Points-based (no-fault) attendance policy

Each violation accrues a numeric point value; cumulative points trigger predefined discipline steps. The ‘no-fault’ label means the reason for the absence is not weighed (within categories that aren’t protected) – points apply automatically. Used heavily by Amazon, Walmart, FedEx, and most large hourly employers. More consistent; less manager discretion; clearer documentation.

A complete attendance policy: 7 components

1. Scope and eligibility. Which employees the policy applies to. Often non-exempt or hourly workforce, with separate (or no) policy for salaried exempt staff.

Definitions. What counts as an absence, a tardy, an early-out, a no-call-no-show, and an excused vs unexcused absence.
Reporting requirements. How employees must report absences (call line, app, text), how far in advance, and to whom. The ‘two hours before shift’ standard is common.
Points or progressive discipline ladder. If points-based, the table of point values per violation type and the discipline thresholds.
Protected and excluded absences. Explicit list of leave categories that do not accrue points or trigger discipline.
Documentation requirements. What documentation the employee must provide (doctor’s note, jury notice, etc.).
Termination provisions. The point threshold or discipline step that triggers termination, and the review process before separation.

Sample points-based attendance policy

Sample point values

Violation type	Points	Notes
Unexcused absence (full shift)	1.0 point	Notification within required window
No-call no-show (full shift)	2.0 points	No notification or notification outside required window
Tardy (less than 30 minutes late)	0.25 points
Tardy (30 minutes to 2 hours late)	0.5 points
Tardy (more than 2 hours, less than full shift)	0.75 points	May be treated as partial absence
Early departure (without manager approval)	0.5 points

Sample discipline ladder

Cumulative points (rolling 12 months)	Action
2 points	Verbal coaching – documented
4 points	Written warning
6 points	Final written warning – Performance Improvement Plan
8 points	Suspension pending review
10 points	Termination of employment

Points roll off the employee’s record on a rolling basis – each point expires 12 months from the date incurred.

Protected absences: what cannot accrue points

This is the highest-stakes compliance section of any attendance policy. If protected absences accrue points and contribute to discipline or termination, the employer faces FMLA, ADA, USERRA, or state-law liability:

FMLA leave (federal, for employers with 50+ employees). Approved FMLA leave – for serious health condition, bonding with new child, military family leave – accrues zero points. Intermittent FMLA leave for chronic conditions similarly accrues zero.
ADA reasonable accommodations. Where attendance flexibility itself is a reasonable accommodation for a disability, absence under that accommodation cannot trigger discipline. The interactive process determines what is reasonable.
Pregnancy-related leave. The federal Pregnant Workers Fairness Act (effective June 2023) imposes accommodation duties; pregnancy-related absences within accommodation may not be points-penalised.
USERRA – military service. Absences for military service, training, and reserve obligations are federally protected from discipline.
Jury duty. Federal and state laws prohibit discipline for jury service.
Voting leave. Most states require time off to vote; some require paid voting leave. Absences under these laws cannot accrue points.
State and local paid sick leave. DOL maintains a state sick leave reference – California, New York, New Jersey, Washington, Oregon, Massachusetts, and many cities require paid sick leave with anti-retaliation protections.
Workers’ compensation absences. All states protect employees from retaliation for filing workers’ comp claims and for absences caused by work-related injuries.
Domestic violence and victim leave. Many states (CA, IL, NY, NJ, CO, others) provide leave for victims of domestic violence; protected from discipline.
Bereavement leave (where state-mandated). California (AB 1949), Oregon (OFLA), Illinois (FBLA), and other states mandate bereavement leave.

Common attendance policy mistakes

Counting FMLA intermittent leave as points. The single most-litigated attendance policy failure. Intermittent FMLA for chronic conditions cannot trigger discipline.
Inconsistent enforcement. If managers selectively apply the policy, discrimination claims become defensible by the employee. Track consistency by manager and demographic.
No interactive process for accommodation. When an employee approaches the point threshold for medical reasons, the ADA may require an interactive process to identify reasonable accommodation.
Treating tardiness and absences identically. A 10-minute tardy and a no-call no-show are not the same. Points systems should differentiate severity meaningfully.

Related: at-will employment for the termination context, annual leave and time in lieu for leave scheduling, and compressed work week as an alternative scheduling option that can reduce absence-related friction.

Frequently asked questions

An attendance policy is an employer’s written rules governing when employees must be present, how absences and tardiness are reported, what consequences apply to violations, and which absence categories are protected from discipline. Most hourly and shift-based workforces use a points-based or progressive-discipline attendance policy.

A points-based (also called no-fault) attendance policy assigns numeric point values to absence and tardiness violations. Cumulative points trigger predefined discipline steps from verbal warning through termination. The no-fault label means reason for the absence isn’t weighed within unprotected categories – points apply automatically. Used by Amazon, Walmart, and most large hourly employers.

No. Approved FMLA leave – including intermittent FMLA leave for chronic conditions – cannot accrue attendance points or trigger discipline. Counting FMLA leave against an attendance policy is FMLA interference, the single most-litigated attendance policy compliance failure.

Yes, provided the absences are not protected by FMLA, ADA, USERRA, state sick leave, or other applicable law. Most points-based policies set a termination threshold at 8-12 cumulative points within a rolling 12-month window. Before termination for attendance, employers should verify no protected leave was incorrectly counted and that the ADA interactive process has been completed if medical issues are implicated.

Excused absences are pre-approved or covered by an applicable leave program (FMLA, jury duty, bereavement, scheduled vacation) and do not trigger discipline. Unexcused absences are not pre-approved and not covered by protected leave; they accrue points or trigger progressive discipline. Definitions vary by policy and must be explicit to be enforceable.

Generally yes, but with limits. Many policies require a doctor’s note for absences exceeding a threshold (commonly 3 consecutive days) to confirm illness. Under FMLA, employers may require medical certification. Blanket “note for every absence” policies are operationally heavy and may have disparate impact concerns.

A no-fault attendance policy is the same as a points-based attendance policy – it applies point values to absences and tardiness without regard to the reason for the absence (within legally unprotected categories). The “no-fault” label means the employer does not judge whether the reason is good or bad; it simply counts unprotected absences against the policy thresholds.

Define all terms precisely, include an explicit list of protected absences that cannot accrue points (FMLA, ADA accommodations, USERRA, jury duty, state sick leave, voting leave, workers comp absences, bereavement where mandated), require HR review before termination for attendance, document the ADA interactive process when medical issues are raised, apply the policy consistently across all employees and managers, and review with employment counsel annually.