If you’ve ever been left scrambling to cover someone else’s shift, you know how stressful it can be. You’re already trying to juggle multiple tasks, and now you have to figure out what to do with the person who didn’t bother to let you know he wouldn’t be showing up.
The problem with no-shows isn’t just that you end up short-handed; it’s also that you might be liable for damages if something goes wrong during the shift. If you’re responsible for making sure everything runs smoothly, you’ll want to make sure you follow proper procedures.
You have several options depending on whether you’re dealing with a full-time or part-time employee. Full-Time Employees
Full-time employees are usually paid per hour, so you can calculate how much you owe them for each day they miss. For example, if you pay $10 per hour, you’d owe them $10 x 2 days $20.
For part-timers, you’re probably better off paying them for every hour worked rather than calculating how many hours they missed. This way, you won’t accidentally overpay them.
In either case, you must keep track of the number of hours worked and the number of hours missed. Then, once you’ve calculated how much you owe, you can send them a bill. Make sure you include the date the invoice was sent, along with the amount owed.
What is a No-Call/No-Show Employee?
A no-call/no-shows are employees who do not notify their employer about their absence. This includes people who don’t answer their phones, don’t respond to emails, or fail to check voicemail messages. These types of absences are called “unexcused” because there was no legitimate reason for the person to be absent.
Employers often require workers to give advance notice of their absences, especially those who are required to report to work every day. In some cases, employees must submit medical documentation verifying their illness or injury, or provide proof that they had permission to take off work.
When employees don’t follow these rules, they are violating workplace policies and potentially putting themselves at risk of being fired. Employers can fire employees without giving them any warning or explanation.
vs. “No Call / No Show”
A common misconception among employees is that they are protected under federal law if they do not give their employers proper notice prior to quitting. However, there is actually very little protection against what is known as “job abandonment“. In fact, it is not even considered a firing unless you have been given two weeks’ notice. If you don’t give two weeks’ notice, you could still be fired immediately.
The reason why people think that they are protected is because many states require that employers give employees two weeks’ notice before terminating employment. But this doesn’t apply to job abandonment. So, if you decide to abandon your job, you won’t receive any benefits or paychecks while you look for another position. You might be able to collect unemployment insurance, depending on where you live. And you might be eligible for some type of worker’s compensation.
But here’s the thing about job abandonment: it’s not really fair. Your employer already gave you plenty of opportunity to correct whatever issues caused you to quit. They tried to help you find another job, and they offered you severance pay. Now, they want nothing more to do with you.
If you didn’t give your employer enough notice, you should contact an attorney to discuss your options.
Can You Fire A No-Call/No-Show Employee?
An at-will employment relationship gives employers wide latitude in how they treat employees. This includes firing someone without cause. However, there are some exceptions. An employer cannot terminate an at-will employee because of:
– Retaliation – If you fire someone because they complained about discrimination or harassment, it could be considered retaliation against the person making those complaints.
– Discrimination – Employers cannot fire someone because of their race, religion, sex, national origin, disability, sexual orientation, or veteran status.
– Wrongful Termination – An employer cannot fire someone unless they have been terminated for just cause. For example, if an employee breaks a rule that affects safety or security, that might be grounds for terminating him or her. But if an employee does something wrong like steal money or damage property, he or she can be fired immediately.
– Breach of Contract – An employer cannot fire an employee simply because they violated a contract. For example, if a worker signs an agreement promising to work 40 hours per week, and then works 50 hours, that doesn’t give the employer the right to fire the employee.
Beware of the Law
If you decide to fire someone without investigating whether they had valid reasons for being absent, you could face legal consequences. For example, if the employee was entitled to FMLA leave, they may be able to sue you for wrongful termination. In addition, employees may be able to claim discrimination under Title VII of the Civil Rights Act of 1964.
The ADA requires businesses to provide reasonable accommodations for disabled individuals. This includes allowing employees to take breaks during the day to use the restroom. An employer cannot discriminate against an individual because he or she takes a break to use the bathroom.
Employees may also be entitled to paid leave under state law. Some states require employers to give workers one hour of unpaid leave per 12 hours worked. Other states require employers to pay employees for accrued vacation days. Employees may also be entitled to overtime wages if they work over 40 hours per week.
The employee may have protected state-mandated sick leave, and might not have to tell you about their absence.
Although the Department of Labor does require employers to provide paid sick days, there is no federal requirement that requires employers to offer sick leave. However, some states do mandate sick leave. In fact, Washington state’s law is one of the most generous in the nation. Employees in Washington state earn 1hour of sick time for every40hours worked. They can use their sick time for mental and physical illness; to care for sick family member; to care for their children; and more.
This law says that an employer may not retaliate against an employee for taking sick leave. So, if an employee in these situations doesn’t call into work when they’re ill (or due to any of the reasons listed above), the employer may be prohibited from terminating or retaliating against them.
The employee may have leave under the ADA.
If an employee is absent without providing notice, it’s important to know whether they’re eligible for leave under the Americans With Disabilities Act (ADA), otherwise known as FMLA. This is especially true if the employee is taking leave for a medical reason.
According to the Equal Employment Opportunity Commission (EEOC), employees must provide employers with 30 days’ advance notice of their intention to take leave. However, if the employee cannot give notice due to a disability, such as a mental health issue, he or she may still qualify for leave under the ADA.
In addition to the 30-day requirement, the EEOC states that the employer must allow the employee to return to work upon completion of his or her leave. In some cases, the employee may even be entitled to reinstatement following the leave period.
They might have leave under the FMLA.
Employees are allowed to take unpaid leave under the Family Medical Leave Act (FMLA). This includes sick days, maternity/paternity leave, adoption leave, and even bereavement leave. But what about those times when employees aren’t feeling well? Or when they want to bond with their newborn baby? Or when they just don’t feel like coming into work?
The FMLA gives workers up to 12 weeks of unpaid leave per year for certain situations. For example, it allows employees to take leave for serious health conditions such as cancer, heart disease, mental illness, and pregnancy. And it covers leave taken due to the death of a loved one, including spouses, parents, children, siblings, grandparents, grandchildren, and others.
But there are some exceptions. An employee cannot use FMLA leave to cover absences related to jury duty, court appearances, training classes, school events, or military service. Nor can they use FMLA leave to recover from a personal injury sustained off the clock.
And if an employee takes FMLA leave, their employment status changes. Under federal law, employers must reinstate them upon return to work. In addition, they must provide them with pay and benefits during their absence. Employers are prohibited from firing them for taking FMLA leave unless they violate the terms of their contract or engage in misconduct.
What to do When the Employee Doesn’t Show Up
If an employee isn’t showing up to work, it could mean one of three things:
1. He/she is having medical issues.
2. He/she is taking some sort of disability leave.
3. He/she is using FMLA.
The first thing you want to do is check to make sure he/she isn’t injured. If they are hurt, you might want to send someone over to check on them. You don’t want to wait too long because you don’t know how serious the injury is.
Next, you want to find out why the person is missing work. Is it due to a personal issue? Or is it something related to the job? If it’s the latter, you might want to talk to the supervisor about the situation. Maybe the employee needs help getting back into shape. Perhaps he/she needs additional training. Whatever the case may be, you want to address the problem immediately.
Finally, you want to figure out if the employee is eligible for FMLA, ADA, and/or sick leave. These are different types of leave that people use when they’re ill or injured.
Create an Attendance Policy
No one likes being late or absent from work. But it happens every day. And it doesn’t just affect you; it affects your team members too. If your employees are consistently missing work without notice, it could negatively impact productivity and morale.
But there’s good news: You don’t have to let things go on like this anymore. With a few simple steps, you can set up a clear attendance policy that helps keep everyone on task and on schedule.
Here are some tips to help you implement a successful attendance policy:
1. Create an attendance policy template
The first step is to create a template for your attendance policy. This document should include information about the following topics:
• How many hours per week do you allow for paid vacation?
• What constitutes “unexcused absence”?