(Disclaimer: This article is for general informational purposes only and should not be considered legal advice.)
Let’s say Marcus, your forklift driver, misses three shifts in a row without calling in. Has he quit his job? How many missed shifts does it take before you can say yes?
Or what about Denise who’s just hit 10 attendance points and now it’s time to fire her… except, wait, two of those points are for the days she missed work for jury duty. Oops.
If you’re like many small business owners, your attendance policy is “Employees are expected to be on time and attend all scheduled shifts.” That’s not really a policy at all, though, is it?
What if you have a policy, but one shift lead writes people up for being four minutes late, while the other one’s disciplinary action is shooting daggers with his or her eyes?
So what should an attendance policy actually say? Here’s the short answer. A good attendance policy template tells employees when they’re expected to work, how to report absences and late arrivals, how unexcused absences are tracked, which legally protected absences never count, and what happens when problems repeat.
Attendance issues can get thorny fast, so here’s what you need to know to make sure you have an attendance policy that’s legally-compliant and applied consistently.
What is an attendance policy?
An attendance policy (also called an absenteeism and tardiness policy or attendance and punctuality policy) is the part of your employee handbook that covers when employees are expected to work, how they should report late arrivals or absences, and what happens if attendance issues are a recurring problem.
Having a clear attendance policy helps make sure employees are treated consistently (so that employee #1 who’s tardy isn’t treated differently than employee #2 who’s tardy) and protects you if there’s ever a question as to whether or not terminating an employee for attendance issues was justified.
A typical attendance policy includes:
- Expected work schedule (start/end times for each employee or shift)
- How/when to report tardiness or absence
- How tardiness/absence will be noted (i.e. points system)
- Exceptions to tardiness/absence (i.e. jury duty)
- Disciplinary steps (i.e. coaching, verbal warning, written warning, termination)
What to include in an attendance policy
Whether you have a points system or a different type of disciplinary/corrective action system for attendance issues, make sure your attendance policy includes the following:
- Attendance and punctuality expectations
- Call-in procedures
- Clear definitions
- Attendance points/disciplinary system
- Job abandonment
- Exceptions
- Timekeeping/pay policies for tardiness
Attendance and punctuality expectations
Lay it on the line for employees: They’re expected to show up on time (and ready to start working!), stay for their entire scheduled shift, and show up to all of their scheduled shifts.
Call-in procedures
Employees who are going to be tardy or absent should call in ahead of time (i.e. at least an hour before their shift, if possible) to let [manager/supervisor/scheduling app/etc.] know they won’t be making it in. (For scheduled absences like doctor’s appointments or days off, refer to your PTO policy.)
Clear definitions
Make sure everyone’s on the same page about what tardiness, early departures, unscheduled absences, and no-call/no-shows mean. (For example, if you’re going to treat being 10 minutes late differently than being two hours late, say so!)
Attendance points/disciplinary system
If you’re using an attendance points system or another type of attendance-related corrective action/disciplinary system, be sure to break it down step-by-step in your attendance policy. (See our attendance policy template below for an example attendance points system.)
Job abandonment
How many missed shifts in a row (with no call-in) constitutes quitting the company AKA job abandonment? Three is pretty common.
Exceptions
It’s important to note any exceptions to tardiness/absences that you won’t be docking employees for (i.e. jury duty) and make it abundantly clear that these absences won’t count against employees in any way.
Timekeeping/pay policies for tardiness
How are employees who show up late clocked in/paid for?
Attendance policy exceptions: absences you can’t count against employees
Depending on your state and the size of your company, there are a number of reasons an employee may miss work that you can’t count against them. These include:
- FMLA leave (and any state FMLA-type laws)
- Reasonable accommodations under the ADA/PWFA
- Sick/safe leave (and any state/local limits on how much call-in notice you can require)
- Workers’ comp leave
- Military leave (USERRA)
- Jury/witness duty
- Voting leave
- Victim leave
- Bereavement leave
- Lactation breaks
Let’s say Denise’s already at 8 attendance points, but takes two days off to take care of her dad after he has surgery (FMLA leave). If FMLA leave isn’t carved out of your attendance policy, those two absences bump Denise up to 10 attendance points and possibly a termination. If FMLA leave is carved out of your attendance policy, those absences don’t count against Denise at all. Double-check that protected leave isn’t being counted as attendance infractions before firing an employee for attendance issues!
FMLA leave
If an employee calls out for something that might qualify as FMLA leave (like taking care of a parent who’s in the hospital), make a note so HR can determine whether or not it’s FMLA leave before points get tacked on. Approved FMLA (and state family/medical leave) leave shouldn’t count as attendance infractions. Learn more about FMLA here.
ADA/PWFA reasonable accommodations
If an employee’s tardiness/absences are related to a reasonable accommodation they’re entitled to under the ADA/PWFA, those shouldn’t count against them, either. If an employee indicates that their tardiness/absence is related to a medical condition, have HR weigh in before points get tacked on. Learn more about reasonable accommodations here.
Paid sick leave
Some states/cities place limits on how much call-in notice employers can require for unpredictable sick leave and/or prohibit employers from requiring documentation for missed work in certain situations (like if it’s for less than three consecutive days). If you’re in one of these states/cities, you’re hosed if your attendance policy requires employees to call in an hour ahead of time for two attendance points to be tacked on when they wake up with the flu at 5am for a 6am shift (“as soon as practicable” may be more appropriate language). The National Conference of State Legislatures has a handy list of which states have paid sick leave laws, and you can check out our employee handbook requirements guide for an overview of each state’s employee handbook requirements.
Attendance points system
An attendance points system assigns a certain number of points to different attendance infractions (like tardiness, early departures, unscheduled absences, etc.), with certain thresholds equaling certain consequences (i.e. coaching session, verbal warning, written warning, termination). In a no-fault attendance policy, employees get docked for all unscheduled absences/tardiness/early departures (with the exception of any legally-protected absences like ADA/PWFA accommodations, FMLA leave, etc.).
Here’s an example attendance points system:
| Occurrence | Points |
|---|---|
| Late arrival or early departure of up to [2 hours] | 0.5 |
| Unscheduled absence (called in ahead of time, per policy) | 1 |
| Unscheduled absence (did not call in ahead of time, at least [1 hour] ahead of shift, per policy) | 2 |
| No-call/no-show | 3 |
| Exceptions (listed above) | 0 |
Attendance points disciplinary system
| Points in a rolling 12-month period | Action |
|---|---|
| 4 | Documented verbal warning |
| 6 | Written warning |
| 8 | Final written warning |
| 10 | Termination may result |
Attendance points tracker
Here’s what that might look like over the course of six months for one employee:
| Date | What happened | Points | Running total |
|---|---|---|---|
| 1/8 | Tardy (40 minutes, texted supervisor ahead of time) | .5 | .5 |
| 2/3 | Unscheduled absence (called supervisor 2 hours ahead of time) | 1 | 1.5 |
| 3/10-3/11 | Jury duty (showed supervisor jury duty summons ahead of time) | 0 | 1.5 |
| 4/2 | Unscheduled absence (called supervisor 20 minutes ahead of time) | 2 | 3.5 |
| 5/9 | Absence (called supervisor 30 minutes ahead of time) | 0* | 3.5 |
| 6/12 | Early departure (left 1 hour early w/o approval) | .5 | 4, resulting in a verbal warning |
*Protected sick leave
While attendance infractions should be spelled out in your attendance policy, keep in mind that circumstances happen (like getting into a car accident on the way to work), so there should still be some wiggle room in how your attendance policy is implemented. And as mentioned above, always double-check that protected absences aren’t being counted as attendance infractions before terminating an employee!
Attendance policy without a points system
If a points system doesn’t seem like it would work well for your company, another option is to skip the points system altogether and simply note any attendance infractions and use a case-by-case approach when addressing attendance issues with employees (starting with coaching and working up to verbal/written warnings as necessary). This approach allows managers more wiggle room to consider the circumstances surrounding an employee’s tardiness/absence, but runs the risk of managers not addressing attendance issues consistently from employee to employee. Points systems work especially well for businesses with lots of hourly/shift workers where it’s paramount that everyone shows up to work when they’re scheduled.
Here’s how a points system compares with a corrective action approach:
| Points system | Corrective action approach | |
|---|---|---|
| How it works | Each unexcused absence, late arrival or early departure adds points, and set totals trigger set consequences | Managers address attendance problems case by case through coaching and progressive warnings |
| Pros | Objective, easy to track and easy to explain to employees | Room to consider the circumstances behind each absence |
| Cons | Can feel rigid, and one miscounted protected absence can undermine a termination | Depends on manager judgment, so it’s harder to keep consistent |
| Best for | Shift-based teams where coverage depends on everyone showing up | Smaller teams and salaried staff |
Can I dock pay for tardiness?
Non-exempt employees: Non-exempt employees must be paid for all hours worked. If an employee clocks in 30 minutes late, you can pay them for the actual amount of time they worked, but many states don’t allow you to fine/deduct any more than that (so no, you can’t implement a “$20 late fee,” and docking an employee an additional hour as punishment probably isn’t allowed either). Also be careful with rounding, as some courts (especially in California) have frowned on rounding when precise timekeeping is available (so if your timekeeping system is able to tell you exactly what minute an employee clocked in, it’s probably best to pay from that minute).
Exempt employees: Generally, you can’t dock salary from exempt employees for tardiness that only amounts to a few hours here and there (so if your salaried manager keeps waltzing in at 9:45, it’s time to start having conversations and issuing warnings, working your way up to termination if the tardiness persists).
No-call/no-shows and job abandonment
A no-call/no-show happens when an employee doesn’t show up for work and doesn’t let anyone know they won’t be coming in. One no-call/no-show can count as a serious infraction. Several in a row are grounds to consider it job abandonment, which means the employee has effectively quit. It’s important to have a policy on file for what will happen in this circumstance.
Some businesses count three consecutive no-call/no-shows as job abandonment, others count just one or two. Decide how many no-call/no-shows you’ll count as job abandonment and be sure to follow your own policy consistently. Keep in mind, however, that employees may be unable to let you know they won’t be coming in under certain circumstances, such as after a serious car accident or during a medical hospitalization.
What to do in case of no-call/no-shows:
- Reach out to the employee. Try to contact the employee by phone, text and email. Keep track of when you tried to get in touch.
- Make sure it’s not a protected absence. Before you move forward with anything, make sure the employee’s absence isn’t for a reason that’s protected under the law (i.e. a medical emergency, military service, etc.).
- Send a letter/email. After you’ve decided the employee’s no-call/no-shows count as job abandonment, let the employee know in writing (a short email or letter will do) that, according to company policy, they’ve effectively resigned. Let them know what, if anything, they need to return to the company and/or where they can drop it off.
- Pay the employee. Job abandonment is just another form of resignation, which means the employee is still entitled to be paid for any time they worked. Learn more about final paycheck laws by state.
Free attendance policy template
Copy and adapt this sample attendance and tardiness policy. Replace the bracketed text, delete the options that don’t apply to your company, and have an employment attorney review the final version.
Attendance and Punctuality Policy
Expectations. Employees are expected to come to work on time and ready to begin their shift. Employees should remain on the job for the duration of their scheduled shift.
Definitions. Employees who arrive after their scheduled start time are considered tardy. Employees who leave prior to the end of their scheduled shift without permission are considered to have left early. An employee who misses more than [2 hours] of a scheduled shift is considered absent. An employee who does not show up for a scheduled shift and fails to notify a manager is considered a no-call/no-show.
Reporting absences and late arrivals. Employees who expect to be absent or tardy should contact [your manager] by [phone call / text / scheduling app] with as much advance notice as possible, ideally at least [one hour] in advance of their scheduled start time. In cases where an absence is unforeseeable, employees should attempt to notify [your manager] as soon as reasonably practicable. Employees should give an indication of how long they expect to be absent. Employees should submit requests in advance for foreseeable absences in accordance with [Company Name]’s PTO policy.
Protected absences. [Company Name] will not count against employees absences that are protected by law, including but not limited to family and medical leave taken in accordance with [Company Name]’s policies, approved paid sick and safe leave, absences taken as a result of a reasonable accommodation, workers’ compensation leave, military leave, absences for jury or witness duty, voting leave and other legally protected absences. [Company Name] will not request more notice or documentation for such absences than what is permitted by law.
Tracking attendance. [Using the attached points schedule / In accordance with our corrective action policy], [Company Name] will keep track of employee attendance infractions, including but not limited to unexcused absences, tardiness and leaving early [Points are tallied on a rolling 12-month basis.]. [Company Name] reserves the right to account for circumstances surrounding each individual infraction and/or skip steps as it deems appropriate.
No-call/no-show. Failure to show up for a scheduled shift and notify [your manager] of your absence is a serious policy infraction. Missing [three] consecutive scheduled shifts and failing to notify [your manager] of your absence will be considered voluntary resignation/job abandonment by [Company Name] unless the employee can show that they were unable to provide notice due to circumstances outside of their control.
Timekeeping. Non-exempt employees are required to accurately record their actual start and end times each workday. All hours worked will be compensated.
Questions. Employees with questions about this policy or requesting time off for a legally-protected reason should contact [HR contact].
Sample attendance points system
If you plan on using a points system to keep track of attendance infractions, consider incorporating a chart like the one above into your policy. Customize the infractions, point values and consequences to fit your business.
How to implement an attendance policy
Attendance policies only fly (ha!) if managers enforce them and employees know they exist. Before finalizing your attendance policy:
- Decide whether you’ll use attendance points or a corrective action system, how many points tardiness/absences/no-call/no-shows should be worth, how much advance notice employees must provide when calling in and how many no-call/no-shows you’ll count as job abandonment.
- Make sure your policy abides by paid sick leave, family and medical leave and other leave laws in each state/city in which you have employees.
- Educate managers on your attendance policy, particularly the advance notice requirement, infractions and corresponding points (if applicable) and types of protected absences. Make it clear who managers should reach out to if they’re unsure whether an absence may be protected.
- Have employees sign an attendance policy acknowledgment form.
- Attendance laws change frequently, so make it a habit to check in on your attendance policy at least once a year.
Attendance policy blunders to avoid
- Counting FMLA leave, ADA accommodations, state-mandated paid sick leave and other legally-protected absences/tardiness against employees. Counting just one protected absence can transform a standard termination into a discrimination lawsuit.
- Failing to establish a clear absence/lateness notification process (who to notify, how to notify them and how far in advance).
- Inconsistently applying/enforcing your attendance policy (i.e. writing up employees on the night shift for showing up four minutes late but not writing up tardy employees on the day shift). If you’re not following your own attendance policy, it is hard to call it a policy.
- Requiring employees to provide more notice/documentation than the law permits. Some states/cities place limitations on how much advance notice an employee can be required to provide for unforeseeable absences (i.e. sick leave) and bar employers from requesting documentation for brief absences.
- Docking employees’ pay/fining employees for infractions. Many states place limitations on when/how employers can fine employees or deduct from their paychecks (other than for time not worked). Additionally, exempt employees typically can’t have their salaries docked for coming in late/leaving work early.
- Issuing terminations on autopilot. Accumulating a certain number of attendance points/infractions shouldn’t necessarily result in immediate termination. Take the time to make sure none of the counted infractions were protected absences/tardiness and consider the employee’s circumstances before making a final decision.
- Failing to properly document tardiness/absences/infractions and steps taken in accordance with your attendance policy (verbal warnings, written warnings, etc.).
Attendance policy FAQs
What is a no-fault attendance policy?
A no-fault attendance policy is one in which employers assign points for tardiness/absences regardless of the reason and institute consequences once an employee accumulates a certain number of points. No-fault attendance policies that apply to legally-protected absences/tardiness (FMLA leave, state-mandated paid sick leave, etc.) can run afoul of federal and state laws.
Can you fire an employee for being late?
In most states, employers can discipline/fire at-will employees for consistent tardiness so long as they’re abiding by their tardiness/attendance policy, the action isn’t retaliatory/discriminatory and the counted infractions don’t include protected absences/tardiness or tardiness related to a disability for which the employee requires an accommodation. Properly documenting infractions and actions taken can help employers prove they followed company policy.
How many no-call/no-shows before termination?
Some employers count three consecutive no-call/no-shows as job abandonment/voluntary resignation, others count just one or two. Decide which approach you’ll take and make sure you’re following your own policy consistently. Keep in mind that there may be extenuating circumstances that prevented an employee from calling in (i.e. they were in a serious car accident, hospitalized, etc.).
Can you require a doctor’s note for sick days?
It depends on where your employees live. Many state-mandated paid sick leave laws only permit employers to request documentation after an employee has been out more than three consecutive workdays and some place even more limitations on when employers can request documentation. Research doctor’s note laws in each state/city in which you have employees before implementing a requirement.
How do you write an attendance policy?
At the very least, your attendance policy should stipulate employees’ scheduled hours of work, when and how employees should provide notice when they’ll be absent/tardy, how you’ll keep track of absences/tardiness (points, occurrences, etc.), types of absences/tardiness you won’t count against employees (i.e. those protected under the law) and consequences for repeated tardiness/absences/no-call/no-shows. Be sure to follow through on your attendance policy and double-check it against attendance/paid sick leave/FMLA and other leave laws in each state/city in which you have employees. Not sure where to get started? Feel free to steal our attendance policy template.
What is a normal attendance policy?
Most attendance policies require employees to provide notice when they expect to be absent/tardy, keep track of absences/tardiness (either by occurrences or using a points system), don’t count absences/tardiness protected under the law against employees and implement some form of progressive discipline for repeated infractions (warnings, suspensions, etc.). Many policies also stipulate that a certain number of consecutive no-call/no-shows (typically three) will be considered job abandonment/voluntary resignation.
What are the attendance policies for 2026?
There is no one-size-fits-all attendance policy for 2026 (or any year, for that matter). As long as they’re within the confines of attendance/paid sick leave/FMLA and other leave laws at the federal, state and local levels, employers can institute whatever policies they’d like. That said, most attendance policies resemble ours in that they include an absence/lateness notification requirement, some form of tracking system (occurrences/points), consequences for repeated infractions (progressive discipline), a no-call/no-show policy and a stipulation that absences/tardiness protected under the law won’t be counted against employees. Since attendance/paid sick leave/FMLA and other leave laws vary greatly from state to state (and even city to city!) and change with alarming frequency, employers should aim to review their attendance policies at least once a year and keep an eye on our employment law updates.
What should be included on an attendance sheet?
Ideally, your attendance sheet should include employees’ names, the date, scheduled shift, actual start/end times (for non-exempt employees, these should line up with times used to calculate wages since they’re entitled to be paid for all hours worked), type of infraction (absence, no-call/no-show, tardiness, left early, etc.), when and how the employee provided notice (if applicable), points assessed (if applicable) and any other pertinent information. Make a habit of noting when an absence/tardiness was protected and assessing zero points, and just make sure you’re not including employees’ medical information on attendance sheets.
What should be included in a tardiness policy?
Your tardiness policy should define what you consider to be tardy (arriving after your scheduled start time?), stipulate when and how employees should provide notice when they expect to be tardy, explain how you’ll keep track of tardiness (infractions, points, etc., perhaps coming in late equates to 0.5 points if you’re using a points system?) and consequences for repeated tardiness. It should also mention how employees will be paid for coming in late (non-exempt employees should be paid for all hours worked; exempt employees typically can’t have their salaries docked for coming in late). We recommend incorporating your tardiness policy into your attendance policy (like we did above).
How can Handbooks.io help you create an attendance policy?
Rather than fumbling your way through attendance policy templates and crossing your fingers that you accounted for all legally-protected absences/tardiness, get a Handbooks.io employee handbook complete with an attendance policy tailored to each state in which you have employees. Our employee handbooks pack a punch: comprehensive federal, state and local employment policies customized for your business and vetted by U.S. employment attorneys. Plus, when employment laws change, we change your policies to reflect those changes and built-in e-signatures and acknowledgment forms make it easy to track which policies each employee has received (more on the importance of attendance policy acknowledgment forms above).
Over 25,000 businesses rely on Handbooks.io for their employee handbooks. Get started for free, with no credit card required. Next time your forklift operator no-shows for three shifts in a row, you’ll at least know what happens next.
