Question

Managers are usually sticklers about attendance, but Verizon recently learned an expensive lesson about its mandatory attendance policies from a 2011 class action lawsuit by employees and the EEOC. The suit asserted that Verizon denied reasonable accommodations to several hundred employees, disciplining or firing them for missing too many days of work and refusing to make exceptions for those whose absences were caused by their disabilities. According to the EEOC, Verizon violated the ADA because its no-fault attendance policy was an inflexible and “unreasonable” one-size-fits-all rule. The EEOC required Verizon to pay $20 million to settle the suit, the largest single disability discrimination settlement in the agency’s history. The settlement also forced Verizon to change its attendance policy to include reasonable accommodations for persons with disabilities. A third requirement was that Verizon provide regular training on ADA requirements to all mangers responsible for administering attendance policies.

What are some specific rules that would fit within a fair and reasonable attendance policy?

How would you decide whether an employee was taking advantage of an absenteeism policy?

Answer 1

Q 1.

A company can’t operate (let alone succeed) if the staff aren’t contact to figure. however, does one make sure that your personnel can systematically report for duty? One smart step has a transparent attending policy. communication clearly concerning what ar acceptable reasons to miss work, however these requests ought to be created, associated what doesn't qualify as an excusable absence will stop a great deal of confusion and build workers additional responsible. The key to communication these tips could be a literate and enforced “No-Fault Attendance” policy. this type of policy might even boost worker morale by minimizing enmity on a part of some workers toward coworkers that suffer no consequences for being inveterately absent.
Here could be a deeper verify what such a policy ought to cowl.

In General

An attending policy ought to be strict enough to permit the leader to discipline those workers whose absences cause issues, nonetheless versatile enough that the leader doesn't need to terminate smart workers United Nations agency are absent sometimes.
Multiple policies
It is conjointly acceptable to own totally different policies for various departments, because the desires for the workers to be gift on a routine and shift lengths might take issue.
Morale
Rewarding workers permanently attending is nice for worker morale and ultimately might improve overall attending.

Interaction with social insurance

A reasonable associated enforced policy could be a smart defense against social insurance claims if a leader will prove that the worker did not abide by the printed attending policy. Such a policy could be a smart defense to associate social insurance claim by associate worker terminated for excessive absence because it permits the leader to indicate that the worker desecrated the uniformly enforced policy and was discharged for doing, therefore. Again, to be effective, the policy should be cheap, uniformly enforced, and in writing.

Disabilities and attending

In addition, a literate and uniformly enforced attending policy might avoid liability underneath the ADA to job candidates or workers whose disabilities stop regular and consistent attending. The employer’s cheap attending standards is also deemed a necessary perform of the task, which cannot need to be relaxed as a part of an affordable accommodation if attending is needed to perform the position and also the attending standards are spelled call at advance and uniformly and systematically applied.

Family and medical leave absences

The Family associated Medical Leave Act (FMLA) has created imposing traveler policies tougher for larger employers by prohibiting lined employers from disciplining or discharging associate eligible worker for an absence caused by a protected reason, as well as a heavy health condition of the worker or a member of his or her family.

The FMLA will impose sure necessities upon workers with relevancy eligibility for leave – as well as notice to the leader and medical certification, and employers ought to be conscious of imposing attending policies in things that involve FMLA leave.
Below is associate example of associate attending policy that uses a degree system for worker absences that you just will customize to suit your desires.

Q.2

Employee absence may be a vital drawback for many organizations. In 2017 the U.S. Department of Labor (DOL) calculable that nearly three % of Associate in Nursing employer's manpower was absent on any given day. The high worth of absence affects organizations even a lot of once lost productivity, morale and temporary labor prices area unit thought of. the value of absence is usually misunderstood, seen as not simply measured or laid-off as a negligible quantity as a result of the prices area unit for the most part enclosed in payroll expenses. additionally, employers typically fail to rigorously track absence. See Bureau of Labor Statistics.
To address this issue, 60 minutes professional’s area unit inspired to develop a business case and to plan and implement plans for managing worker attending in their organizations. the subsequent topics associated with managing worker attending area unit bestowed during this article:
§ The direct and indirectpricesofabsence.
§ Collectingattendingknowledgefor the organization.
§ Measuringthe valueofabsence.
§ Calculating rates ofabsence.
§ Strategiesaimed towardaddressing the organization'sexplicitattendingproblems.
§ Legalproblemsthatinheritplayonceplanningand implementing absencemanagementways