Answering the Attendance Questions

Why is "Attendance" so Hard? Attendance used to be a pretty straightforward issue. An business leader employer needed to answer three simple questions:

1. Was the employee present or not present? If the employee was present, no problem. If the employee was not present, the supervisor or business owner had to answer question number two;
2. Was the absence was scheduled or not scheduled? If the absence was scheduled, no problem. If it was an unscheduled absence, the supervisor or business owner had to address the third question;
3. Was the absence was acceptable or not acceptable? If the absence was not acceptable, the employee and the supervisor or business owner now had a problem.

Answering these three attendance questions enabled business leaders to make critical decisions about disciplinary action or termination.  Today, however, the issue of Attendance has grown much more complicated. Social pressures have been a big driver of change and the idea of acceptable attendance has evolved significantly. Employers must now answer a fourth and extremely critical question before making an attendance related business decision:

1. If the employee is not present, the absence was not scheduled and the absence is not acceptable... is the absence "protected"?

Two critical elements are necessary to answering this last question and successfully managing attendance: knowledge and communication.

Businesses must become knowledgeable. Attendance has to be considered in the context of a highly regulated workplace. A whole host of intricate and duplicative Federal Leave of Absence laws, State regulations and local rules have been crafted and implemented. These regulations and their acronyms have become a standard in the Human Resources professional's lexicon: LoA, FML, OFL, WFL, OSL, ADA, PFL, etc.  Business leaders must also familiarize themselves with the rules and regulations governing employee absences.

Business leaders with full Human Resources departments and professional staff have responded to this increased complexity with a myriad of policies, procedures and benefits programs. These have been introduced, refined and revised, in attempts to comply with the increasing complexity and confusion. Personal and Maternity Leaves have become Paid Family Leave. "Vacation" and "Sick Time" have become Paid Time Away or Paid Time Off benefits. Despite this, even the largest organizations still have difficulty managing employee absences and attendance.

Those business leaders without access to full time Human Resources functions can easily be overwhelmed with the complexity of the current and evolving environment. Vulnerable to possible abuse or inadvertent non-compliance, smaller organizations must use education to mitigate potentially significant risks and costs. Knowing when the rules and regulations apply to a business, before they apply to the business, is the first step in clarifying the confusion and eliminating the risks.

Businesses need to understand that Federal law, the Family Medical Leave Act, and Washington State's Leave Laws do not apply to a business until it has 50 or more employees. The Oregon Family Leave Act kicks in at 25 employees. However, the Oregon Paid Sick Leave obligations apply to all businesses with 10 or more employed staff members. Other states and municipalities may or may not have additional rules to follow.

Business leaders must also determine what is actually required by each of the rule and regulations that applies to the business. The small shop owner in Happy Valley, OR with nine employees must understand the requirements of Oregon Sick leave and should look into Oregon Family Leave requirements, if growth is a part of the strategic business plan. The midsize auto dealer and service center in Vancouver, WA intent of adding 6 more service technicians to a staff of 44 full and part-time employees must consider when the State and Federal rules will apply and which employees must be paid their regular wages, during an absence, according to the most recent changes to Washington State law.

This knowledge must then be paired up with intentional communication between the business leadership and the employees. Supervisors and business owners must know the employees and understand the employees' needs. Speaking with the employees is vital. Talking to employees about the relevant details of their absence is appropriate. Leaders can ensure the employee understand the importance of being present and also be supporting of the employees when a protected absence is necessary. Employers never need an employee's medical information nor the health information of an employee's family members. Employers do need to know when an employee can to return to work and if the employee needs any assistance when the employee does return. Employees need to know their rights and obligations under the rules, regulations and company policies. These needs can only be met through open dialogue.

Whether it is an extended absence or a brief one, a few weeks or a few hours, knowledge and discussion, within the appropriate boundaries, are the keys to addressing and managing employee attendance. Knowledge and communication will ensure leaders can answer all four critical attendance questions: Is the employee absent? Is the absence scheduled? Is the absence acceptable? and is the absence protected? Knowledge and communicaiton will ensure leaders make smart business decisions.