Lieff Cabraser is investigating so-called “no fault” employee attendance policies that may violate the California Labor Code. Such attendance policies often automatically punish employees for taking protected sick leave by giving them “points.” Accumulation of a certain number of points results in automatic termination. The effect of these policies is often to improperly punish employees for taking what the law says should be protected time off to care for themselves or their families.
Lieff Cabraser’s Employment Law practice group is taking an active role in investigating these kinds of improper practices to seek justice for affected employees nationwide. We welcome inquiries about point attendance policy sick day issues and all related matters.
1) What is a point attendance policy sick day?
Employers nationwide have begun using no-fault attendance policies for employees. Such point attendance policies impose set maximums for absences regardless of reason for the absence. Often, these kinds of work attendance requirements do not exclude absences that occur for legally protected reasons.
2) Are point attendance policies legal?
If a “no fault” or point attendance policy does not exclude legally protected absences, it is illegal. Our ongoing research indicates that many companies implementing point attendance systems do so without properly excluding legally protected absences. Alternatively, some companies impose point attendance policies and then in ordinary practice, fail to remove protected absences from employee personal records.
3) What protections exist for workers under point attendance policies? What do I do if my employer is forcing me to use a point attendance system that appears to violate the law?
Employees who are subjected to illegal work policies, including point attendance policies that do not properly exclude legally protected absences, often end up with no recourse other than to bring a lawsuit against their company for violations of employment law.