Mineral HR Questions

Managing employees is no easy task, and navigating the tricky waters of attendance, time off, and employee communication can leave even the most seasoned HR professionals scratching their heads. Whether you’re crafting a clear attendance policy, wondering if that no-call, no-show is actually a resignation, or trying to figure out how to handle unpaid time off requests, the right approach can save you time, headaches, and even legal trouble. In partnership with our friends at Mineral HR, we’re tackling three common but often confusing HR questions frequently asked in the staffing industry, giving you the guidance you need to stay compliant and keep your workforce running smoothly.

This Q&A does not constitute legal advice and does not address state or local law.

What should we include in an attendance policy?

Answered by the HR Experts
Generally, an attendance policy should outline your attendance expectations, the procedures your employees should follow if they’re going to be late or absent, and the consequences when your policy isn’t followed.

Your expectations should include how you define being on time and what you would consider being tardy or absent. This section of your policy might say something like, “You are expected to arrive at the workplace on time and ready to perform your job.”

The procedures section of the policy tells employees what they should do in the event of a planned or unplanned absence, when they need to arrive late or leave early, or if an emergency arises and they aren’t able to notify you ahead of time. It could include instructions on whom to notify (e.g., one’s manager) and when to notify them (e.g., two hours before an unplanned absence).

The consequences section explains what happens when employees don’t follow your policy. “Failure to comply with this policy may result in disciplinary action, up to and including termination” is a typical line. You should also note how many days of unexcused absence, or no-call no-show, will constitute voluntary resignation on the part of the employee.

An employee called out a few days ago by leaving a message with some vague information about being ill and hasn’t followed up since. Can we consider this a voluntary resignation and start the termination process?

Answered by the HR Experts
Most likely not. There are many reasons why your employee might not have been in contact since leaving the original message, and since they mentioned illness, there’s a good chance their absence is protected by law. Potential protections come from the federal Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), state-level family and medical leaves and disability protections, state or local sick leave laws, and state-paid leave programs that come with job protections.

Even if you have a job abandonment policy that says an employee will be treated as having voluntarily resigned after a certain number of days, this is not the time to use it. Since you know the absence started with a reason that may have protections and you did receive a call on the first day, it will be safest to hold off until you have more information.

We recommend trying a variety of ways to contact the employee to find out more about why they haven’t been at work and when they expect to return. Try calling, texting, and emailing, and failing all that, send a certified letter. Document all attempts to reach the employee. If after an extended absence with no successful contact you decide to proceed with termination, detail your efforts to reach them in that communication. Be aware that if they finally do respond with an explanation that appears to be protected by law, you may ultimately need to restore them to their position.

If an employee runs out of paid time off, do we have to allow them to take unpaid time off?

Answered by the HR Experts

It depends on why your employee needs the unpaid time off and what you’ve done in the past.
In some situations, such as those that would be covered by the Family and Medical Leave Act, Americans with Disabilities Act, Pregnant Workers Fairness Act, or a similar state law, the employee may be legally entitled to unpaid leave. In those cases, you would need to approve the unpaid leave at least to the extent required by the applicable laws.

In the absence of any legal requirements, if you’ve historically granted similarly situated employees unpaid time off, you should continue to do so. Inconsistency can lead to discrimination claims. (You can make a permanent change in policy and stop granting unpaid time off when it’s not required by law, but that’s the kind of policy shift you’d want to share widely, and if possible, with some advance notice.) If neither of the above situations apply, you could deny a request for unpaid time off, but be sure to let the employee know why. People appreciate transparency, especially when being told “no.”

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