Employee attendance problems are frustrating—but in California, how you handle them can make or break your legal standing. Absences tied to protected leaves or disabilities must be handled carefully and consistently.

1. Disciplining Protected Time Off
Sick leave, CFRA, FMLA, and pregnancy-related absences are all protected. Penalizing or terminating employees for using protected leave is considered retaliation.

2. Using a Rigid “No-Fault” Attendance Policy
Zero-tolerance policies don’t work in California. You must make reasonable accommodations for protected absences and be flexible where required by law.

3. Failing to Document Attendance Patterns
Consistent documentation is your best defense. Vague notes like “called out again” won’t hold up. Use dates, call-in times, and reasons given.

4. Ignoring the Interactive Process
If attendance problems are linked to a health condition, you may be required to engage in the interactive process to explore accommodations.

5. Unequal Enforcement of the Policy
Applying the rules more strictly to some employees than others—intentionally or not—can trigger discrimination claims.

Need Help Navigating Attendance Issues?
We’ll help you build a legally sound attendance policy and train your managers to handle issues appropriately. Schedule a policy review with DP Human Capital Management.

Schedule your employees attendance review today.