Free Attendance Policy Template for Small Business
Free attendance policy templates for small business: standard, points-based, flexible, and small-team. FMLA and ADA carve-outs, DOCX download, no signup.
Six free attendance policy templates for small business: a standard policy, a points-based no-fault version, a flexible and remote version, a small-team version, plus a write-up form and a no-call-no-show letter. FMLA and ADA carve-outs built in. Download as DOCX. No signup.
An attendance policy is the document that turns an unspoken expectation, show up and be on time, into a clear, fair, and enforceable rule. For a small business it does more than set expectations: it gives you a consistent basis for handling attendance problems and the documented, even-handed record that makes a termination defensible if it is ever challenged. The catch is that a policy written carelessly can create legal exposure, especially around protected leave, which is exactly where these templates are built to protect you.
There are six here: a standard policy, a points-based no-fault version, a flexible and remote version, and a version written specifically for a team of 5 to 50, plus two companion documents, a write-up form and a no-call-no-show letter. Each downloads as an editable DOCX, free and without an email, with the FMLA and ADA carve-outs built in. Because attendance sits next to time off and discipline, this pairs with your time off policy and your progressive discipline policy.
TL;DR
An attendance policy sets expectations for being present and on time, defines absence, tardiness, and no call no show, states a notification procedure, describes progressive-discipline consequences, and carves out legally protected leave. Download all six free as DOCX: standard, points-based, flexible, and small-business versions plus a write-up form and a no-show letter, with FMLA and ADA carve-outs built in and no signup. Never count protected leave against an employee; some states ban pointing it. This is general information, not legal advice.
What an Attendance Policy Is
An attendance policy is a written document that sets a business's expectations for being present and on time, and explains how absences, tardiness, and early departures are handled. It defines the key terms, states how and when employees must notify a manager, and describes the consequences of attendance problems, while carving out absences protected by law.
It is an employer-side document that lives in the employee handbook, with a signed acknowledgment on file. Its real value is consistency: applied the same way to everyone, it is what makes an attendance decision fair and defensible. It differs from an absenteeism policy, which focuses more narrowly on chronic absence patterns; the attendance policy is the broader document covering punctuality, notification, and discipline.
What to Include
A complete attendance policy covers four groups: purpose and scope, definitions and rules, a notification procedure, and consequences with legal carve-outs. The groups below are the consensus set that strong attendance policies share.
Purpose and scope
Why attendance matters here
Who the policy applies to
The effective date
Definitions and rules
Absence, tardiness, early departure
No call, no show defined
Excused vs. unexcused
Notification procedure
Who to notify and how
How far in advance
What counts as proper notice
Consequences and carve-outs
Progressive-discipline steps
Job abandonment threshold
Protected-leave exceptions
The single most important and most often missed part is the protected-leave carve-out. A policy that counts protected absences the same as unexcused ones is not just unfair, it can be unlawful. Every template here states the carve-out explicitly, and also defines a job-abandonment threshold and a placeholder for your state and local requirements, two sections thinner policies skip.
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Match the template to how your team works and how you want to handle discipline. A standard policy for most teams, a point system if you want objectivity, a flexible version for remote work, or the small-business version for a lean team, plus two companion forms.
Standard Attendance Policy
The default for most teams
A complete fill-in-the-blank policy with definitions, a notification procedure, expectations, progressive-discipline consequences, a job-abandonment clause, a state-law placeholder, and a protected-leave carve-out. The right starting point for most small businesses.
Points-Based (No-Fault)
Objective, but higher risk
A point system with values per infraction, a rolling 12-month window, disciplinary thresholds, a point-dispute procedure, and a job-abandonment clause. Consistent and objective, but it must never point protected absences, which is unlawful in some states.
Flexible / Remote
Hybrid and remote teams
An availability-and-results policy built around core hours and communication rather than a fixed clock-in, with a note on logging time for remote non-exempt staff.
Small Business (5 to 50)
Short and human
A brief, plain-language policy for a small team, handling attendance in person first, with the correct note that FMLA may not apply but state leave laws and the ADA often do.
Attendance Write-Up Form
Companion document
A corrective-action form to document each disciplinary step, with the infraction type, points, prior notices, expectations, an employee-rebuttal section, and a protected-leave check, so your record is consistent and fair.
No-Call, No-Show Letter
Companion document
A ready warning letter for an unreported absence, with the violation, the consequence, and a protected-leave check, so you respond correctly instead of assuming job abandonment.
Start With the Standard or Small-Business Version
Most small teams should start with the Standard policy, or the Small Business version if you want something short and plain. Use the Points-Based version only if you want an objective point system and are prepared to keep protected absences out of it. Use the Flexible version for remote and hybrid teams. Add the write-up form and no-show letter as companions so you document discipline consistently. Whichever you pick, fill in every bracket and apply it the same way to everyone.
6 Free Attendance Policy Templates
Download all six as a single set or grab individual templates. Each downloads as an editable DOCX with the sections, brackets, and carve-outs already in place, free and with no signup. Fill in the bracketed fields, adjust the discipline steps or point values to fit your business, and add it to your handbook.
Download All 6 Attendance Policy Templates
Standard, points-based, flexible, and small-business policies plus a write-up form and a no-show letter. All as DOCX files in one download.
Template 1: Standard Attendance Policy
A complete fill-in-the-blank policy with definitions, a notification procedure, expectations, progressive-discipline consequences, and a protected-leave carve-out. The right starting point for most small businesses.
Standard Attendance Policy
ATTENDANCE POLICY
Company: [Company Name]
Effective Date: [Date]
Applies to: All employees
1. PURPOSE
[Company Name] depends on every team member being present and on time. Regular attendance and punctuality allow us to serve customers, support one another, and keep the business running. This policy explains our expectations, how we handle absences and tardiness, and the consequences of not meeting these standards. It applies to all employees.
2. DEFINITIONS
Absence: Failure to report for a scheduled shift.
Tardiness: Arriving after the scheduled start time or returning late from a break or meal.
Early departure: Leaving before the end of a scheduled shift without approval.
No call, no show: Failing to report for a scheduled shift without notifying your manager in advance.
Excused absence: An absence approved in advance, or one covered by law or company policy (for example, protected leave).
Unexcused absence: An absence that is not approved and not otherwise protected.
3. NOTIFICATION PROCEDURE
If you cannot work a scheduled shift or will be late, notify [manager or designated contact] as soon as possible and no later than [number] hours before your shift begins. Notify by [phone call, text, email, or app]. Leaving a message with a coworker is not sufficient. For an unforeseen emergency, contact us as soon as you are able.
4. EXPECTATIONS
Report ready to work at your scheduled start time. Return on time from breaks and meals. Request time off in advance whenever the need is foreseeable. Keep your contact information current so we can reach you.
5. CONSEQUENCES
Attendance problems are addressed through progressive discipline, as described in our disciplinary process. Depending on severity and frequency, steps may include a verbal warning, a written warning, a final written warning, and termination of employment. Serious violations, including a no call, no show, may result in more immediate action.
6. JOB ABANDONMENT
Failing to report for work or to contact [manager or designated contact] for [number, for example 3] consecutive scheduled shifts will be treated as job abandonment and considered a voluntary resignation, unless the absence is protected by law or you can show circumstances that made notice impossible. Before treating an absence as job abandonment, we will make a reasonable attempt to contact you at your listed phone number and address.
7. PROTECTED ABSENCES
Nothing in this policy applies to absences protected by federal, state, or local law. Protected leave, including leave under the Family and Medical Leave Act, disability accommodations, and applicable state and local sick and family leave, will not be counted against you or treated as a policy violation. If you believe an absence is protected, tell [HR contact] so we can apply the correct treatment.
8. STATE AND LOCAL REQUIREMENTS
This policy is written to meet federal standards. State and local laws may add requirements, such as paid sick leave that can be used without penalty, predictive scheduling rules, or limits on how attendance points may be applied. [Insert any specific requirements for your state and locality here.] Where a state or local law gives employees greater protection than this policy, that law controls.
9. ACKNOWLEDGMENT
I have received and read this Attendance Policy and understand my responsibilities.
Employee name: __
Signature: __ Date: ___
Note: This template is general information, not legal advice. Review it with a qualified professional and confirm your state and local requirements before use.
A point system with values per infraction, a rolling 12-month window, and disciplinary thresholds. Objective and consistent, with an explicit rule that protected absences are never pointed.
Points-Based (No-Fault) Attendance Policy
NO-FAULT ATTENDANCE POLICY (POINT SYSTEM)
Company: [Company Name]
Effective Date: [Date]
1. PURPOSE
This policy uses a point system to track attendance consistently and fairly. Points are assessed for absences, tardiness, and early departures, regardless of reason, except for absences protected by law, which are never assigned points.
2. POINT VALUES
Absence with advance notice: [1] point
Absence without notice: [2] points
No call, no show: [3] points
Tardy or early departure (under [2] hours): [0.5] point
Late return from break or meal: [0.5] point
3. ROLLING PERIOD
Points are counted on a rolling [12]-month basis. A point drops off [12] months after the date it was assigned. Perfect attendance for [30] consecutive days removes [1] point, to reward improvement.
4. DISCIPLINARY THRESHOLDS
[4] points: Verbal warning
[6] points: Written warning
[8] points: Final written warning
[10] points: Termination of employment
Thresholds are examples; set values that fit your business.
5. PROTECTED ABSENCES ARE NEVER POINTED
No points are assessed for any legally protected absence, including leave under the Family and Medical Leave Act, disability accommodations under the Americans with Disabilities Act, or applicable state and local sick, safe, and family leave. Point systems that penalize protected absences are unlawful in some states. For example, New York Labor Law Section 215 prohibits assessing points or demerits that could subject an employee to discipline for a legally protected absence. [Insert any specific requirements for your state and locality here.] Confirm your own state and local rules.
6. DISPUTING POINTS
If you believe a point was assigned in error, or that an absence should have been treated as protected, tell [manager or HR contact] within [number] business days. We will review the record and correct any point assessed by mistake. Raising a dispute in good faith will never itself count against you.
7. JOB ABANDONMENT
Reaching the termination threshold is not the only way employment can end under this policy. Failing to report or to contact [manager or designated contact] for [number, for example 3] consecutive scheduled shifts will be treated as job abandonment and considered a voluntary resignation, unless the absence is protected by law. We will make a reasonable attempt to contact you before treating an absence this way.
8. ACKNOWLEDGMENT
Employee name: __
Signature: __ Date: ___
Note: A no-fault point system carries real legal risk if it touches protected leave. This template is general information, not legal advice. Have counsel review any point system before you use it, and confirm your state law.
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An availability-and-results policy built around core hours and communication rather than a fixed clock-in, with a note on logging time for remote non-exempt staff.
Flexible / Remote Attendance Policy
FLEXIBLE AND REMOTE ATTENDANCE POLICY
Company: [Company Name]
Effective Date: [Date]
1. PURPOSE
This policy sets attendance expectations for employees who work flexible hours, remotely, or in a hybrid arrangement. It focuses on availability, communication, and results rather than a fixed clock-in time.
2. CORE HOURS AND AVAILABILITY
Employees are expected to be available and responsive during core hours of [start] to [end], [time zone], on [days]. Outside core hours, you may arrange your schedule to fit your work and personal needs, as long as your responsibilities are met and deadlines are hit.
3. COMMUNICATION
Update your status in [tool] so the team knows when you are available, in a meeting, or away. If you will be offline during core hours, tell your manager in advance. Respond to messages within [timeframe] during working hours.
4. LOGGING TIME
[If applicable] Non-exempt employees must record hours worked accurately, including start and end times and breaks, even when working remotely. Do not work off the clock.
5. ABSENCES AND TIME OFF
Request time off through [process] as far in advance as possible. For unplanned absences, notify [manager] by [method] before core hours begin. Protected leave is handled under our leave policies and is never treated as a violation.
6. RESULTS AND ACCOUNTABILITY
Flexibility depends on trust and delivery. Missed deadlines, unresponsiveness during core hours, or repeated failure to communicate availability will be addressed through our normal performance and disciplinary process.
7. ACKNOWLEDGMENT
Employee name: __
Signature: __ Date: ___
Note: This template is general information, not legal advice. Confirm wage-and-hour rules for remote non-exempt employees in every state where your team works.
Template 4: Small-Business Attendance Policy
A short, plain-language policy for a team of 5 to 50, handling attendance in person first, with the correct note that FMLA may not apply but state leave laws and the ADA often do.
Small-Business Attendance Policy (5 to 50 Employees)
ATTENDANCE POLICY FOR A SMALL BUSINESS
Company: [Company Name]
Effective Date: [Date]
1. WHY THIS MATTERS HERE
We are a small team, so when one person is absent, it is felt immediately. Reliable attendance is not about bureaucracy; it is about being able to count on each other. This short policy keeps our expectations clear and fair.
2. THE BASICS
Be ready to work at your start time. If you will be absent or late, tell [owner or manager] directly, by [phone or text], at least [number] hours before your shift. Request planned time off as early as you can through [simple process].
3. HANDLING PROBLEMS
Because we are small, we handle attendance in person first. If a pattern develops, we follow a simple progression: a conversation, then a written warning, then a final warning, then termination if it does not improve. We document each step so everyone is treated the same way.
4. TIME OFF AND PROTECTED LEAVE
Approved time off and any leave protected by law are not held against you. Tell us if an absence is for a medical, family, or other legally protected reason, and we will handle it correctly. Note that some laws, such as the federal Family and Medical Leave Act, apply only to larger employers, while others, such as many state sick-leave laws and disability protections, can apply to small businesses. Confirm what applies to you.
5. ACKNOWLEDGMENT
Employee name: __
Signature: __ Date: ___
Note: This template is written for a business of roughly 5 to 50 employees, not a large corporation. It is general information, not legal advice. Confirm your state and local requirements.
Template 5: Attendance Write-Up Form
A companion corrective-action form to document each disciplinary step, with the infraction type, points, prior notices, expectations, and signature lines.
Attendance Write-Up Form (Companion)
ATTENDANCE WRITE-UP / CORRECTIVE ACTION FORM
Company: [Company Name]
Employee name: __
Employee ID: __
Manager: __
Date of this notice: ___
LEVEL OF ACTION (check one)
[ ] Verbal warning (documented)
[ ] Written warning
[ ] Final written warning
[ ] Termination
ATTENDANCE ISSUE
Type: [ ] Absence [ ] Tardiness [ ] Early departure [ ] No call, no show
Date(s) of occurrence: __
Points assessed (if applicable): ___
Description of the issue:
_____
_____
PRIOR NOTICES ON FILE
_____
EXPECTATION GOING FORWARD
_____
_____
CONSEQUENCE IF NOT CORRECTED
_____
EMPLOYEE COMMENTS (OPTIONAL)
You may add your own comments or state any disagreement with this notice. This section is your opportunity to give your side.
_____
_____
WAS ANY PART OF THIS ABSENCE PROTECTED LEAVE?
[ ] No [ ] Yes, unsure [ ] Yes (route to HR before finalizing)
ACKNOWLEDGMENT
The employee signature confirms receipt of this notice, not necessarily agreement with it.
Employee signature: __ Date: ___
Manager signature: __ Date: ___
Note: Keep completed forms in the employee file. Attendance records are part of your recordkeeping obligations. This template is general information, not legal advice.
Template 6: No-Call, No-Show Warning Letter
A companion warning letter for an unreported absence, with the violation, the consequence, and a protected-leave check, so you respond correctly rather than assume job abandonment.
No-Call, No-Show Warning Letter (Companion)
NO-CALL, NO-SHOW WARNING LETTER
[Company Name]
[Address]
[Date]
To: [Employee Name]
Re: Unreported Absence on [Date(s)]
Dear [Employee Name],
Our records show that you did not report for your scheduled shift on [date(s)] and did not contact [manager or designated contact] to explain your absence, as required by our attendance policy. Under that policy, failing to call in for a scheduled shift is a no call, no show.
This letter is a [verbal warning, documented / written warning / final written warning] regarding this violation. [If applicable: This absence has been assessed [number] attendance points under our point system.]
Going forward, you must notify [manager or designated contact] at least [number] hours before any shift you are unable to work, using [method]. Further no-call, no-show occurrences may result in [next step, up to and including termination of employment].
If your absence was for a reason protected by law, such as a medical or family situation covered by the Family and Medical Leave Act, a disability, or applicable state or local leave, please contact [HR contact] right away so we can apply the correct treatment. We do not penalize employees for legally protected absences.
Please sign below to confirm you have received this letter.
Employee signature: __ Date: ___
Manager signature: __ Date: ___
Note: This template is general information, not legal advice. Confirm your state and local rules before treating an absence as job abandonment or issuing discipline.
How to Write an Attendance Policy
Writing an attendance policy from a template takes minutes. Here is the sequence the templates are built around.
1
Pick the right variant
Choose standard, points-based, flexible, or small-business based on your team, then open that template to fill in.
2
Set the notification rule
State who employees notify, by what method, and how many hours before a shift they must call in. This is the operational heart of the policy.
3
Define terms and consequences
Pin down absence, tardiness, and no call no show, and write in your progressive-discipline steps or your point thresholds.
4
Add the legal carve-out
State that protected leave, such as FMLA, ADA accommodations, and state and local leave, is never counted against the employee.
5
Acknowledge and store
Have every employee sign the policy, then keep the signed acknowledgment in the file for the retention period.
Legal Carve-Outs You Must Include
The part of an attendance policy that creates the most risk is how it treats absences that are protected by law. Get this wrong and a policy meant to protect the business becomes the thing that exposes it. Four legal points sit underneath every attendance policy, and the templates build them in.
FMLA
Federal job-protected leave. Applies to employers with 50 or more employees within 75 miles; eligible employees get up to 12 workweeks. Never count FMLA leave against attendance.
ADA
The Americans with Disabilities Act applies to employers with 15 or more employees. Attendance accommodations may be a reasonable accommodation; handle disability-related absences separately.
FLSA recordkeeping
Attendance and time records are wage records. Keep payroll records three years and time records two years, and store them retrievably.
State no-fault limits
Some states restrict point systems. New York Labor Law Section 215 bars pointing legally protected absences. Confirm your own state and local rules.
Protected Leave Is Never a Violation
Absences protected by law, including FMLA leave, disability-related absences under the ADA, and protected state and local leave, must never be counted against an employee or assessed points. Some states, such as New York under Labor Law Section 215, expressly prohibit pointing protected absences. Confirm the laws that apply to your size and state. This is general information, not legal advice.
The recurring theme is that protected absences must be separated out and never disciplined. Attendance records themselves are also wage records under the FLSA recordkeeping rules, so keep the signed policy and the attendance history on file. For the classification and at-will context around discipline, the at-will employment guide gives the background.
Should You Use a Point System?
A no-fault point system is the most debated choice in an attendance policy, and it has a real upside and a real risk. The upside is objectivity: everyone gets the same points for the same infraction, which removes case-by-case judgment and makes enforcement feel fair. The risk is legal, and it is significant.
Point system
Progressive discipline
How it works
Points per infraction, thresholds trigger discipline
Escalating warnings per manager judgment
Strength
Objective and consistent
Flexible, considers context
Main risk
Pointing protected leave can be unlawful
Inconsistent application
Best for
Larger or shift-based hourly teams
Small teams handling issues in person
Key rule
Never point a protected absence
Document every step evenly
For a small business, the progressive-discipline approach in the standard template is often the safer default, because it handles attendance in person and keeps you from mechanically pointing an absence you should have examined. If you do want a point system, the points-based template is built with the protected-absence exclusion stated up front. For the mechanics of a rolling point count, the attendance point system guide walks through it.
Attendance Policies Without HR
A large company has an HR team to write, apply, and defend a detailed attendance policy. A small business has an owner or a manager doing all of it directly, which is where the honest mistakes happen: a policy too long to enforce, a point system that accidentally touches protected leave, or an assumption about which laws apply. The templates are built to prevent exactly these.
You are the owner and the HR department, so the policy has to be short enough to actually enforce and fair enough to defend
A large company has an HR team to run a detailed attendance policy and apply it consistently. A small business has an owner or a manager doing it directly, which means an overlong policy full of edge cases will not get followed. The fix is a short, plain policy that everyone understands: what the expectation is, how to call in, and what happens if attendance slips. The standard and small-business templates here are written for exactly this, with a clear notification step and a simple progressive-discipline path. Pick one, fill in the brackets, and apply it the same way every time, because consistency is what makes a policy fair and what makes a termination defensible if it is ever questioned.
Point systems feel objective, but they are a legal trap if they touch protected leave
A no-fault point system is attractive because it looks neutral: everyone gets the same points for the same infraction. The danger is that assigning points to a legally protected absence, such as FMLA leave, a disability-related absence, or state-protected sick leave, can be unlawful. Some states go further and expressly ban it. New York Labor Law Section 215, for example, prohibits assessing points or demerits that could subject an employee to discipline for a legally protected absence. If you use the point system here, the one rule you cannot bend is that protected absences never get points. When in doubt, have counsel review the system before you roll it out.
FMLA may not even apply to you, and assuming the wrong law leads to the wrong decision
The federal Family and Medical Leave Act only covers employers with 50 or more employees within 75 miles, so a business with a handful of people is often not FMLA-covered. That does not mean no leave laws apply. The Americans with Disabilities Act covers employers with 15 or more employees, and many state and local sick-leave, safe-leave, and family-leave laws apply at much smaller sizes, sometimes to a single employee. The practical takeaway is not to assume, either way. Do not tell an employee an absence is unprotected because you are too small for FMLA, and do not treat every absence as protected. Identify which laws actually apply to your business and headcount, and build the carve-out to match. The templates flag this so you address it rather than skip it.
The single most valuable habit is picking one policy, keeping it short and clear, applying it identically to everyone, and keeping protected leave out of the count entirely. A consistent, carve-out-aware policy is what protects both your team and your business.
From Template to Handbook
A downloaded policy is the starting point, and these templates work on their own. The strain shows up when the policy lives in a file nobody signed, when attendance is tracked in scattered notes, and when a discipline decision has to be reconstructed from memory instead of a record.
Adopt the policy
Pick the variant that fits your team, fill in the brackets, and add it to your handbook so every employee has the same expectations.
Track attendance
Log absences and tardiness consistently against the policy, using an attendance sheet or your HR system so the record is complete.
Apply it evenly
Use the write-up form and warning letter to document each disciplinary step the same way for everyone, keeping protected leave separate.
Retain the records
Keep signed acknowledgments and attendance records for the retention period, so a dispute becomes a lookup instead of a guess.
When that point arrives, FirstHR centralizes what the documents were doing separately: the employee handbook holds the policy, e-signature captures the acknowledgment, employee profiles hold the roster, and document storage keeps signed policies, attendance records, and write-up forms in one retrievable place for the retention period. FirstHR is an onboarding and HR platform, not a legal service or payroll processor: it does not provide legal advice or decide whether an absence is protected, so pair it with a qualified professional for the compliance calls. Applicant tracking is coming soon to FirstHR.
Key Takeaways
An attendance policy sets expectations for being present and on time, defines the terms, states a notification procedure, and describes consequences.
It is broader than an absenteeism policy, covering punctuality, no call no show, notification, and progressive discipline.
The most important and most-missed section is the carve-out: protected leave is never counted against an employee.
A no-fault point system is objective but risky; pointing protected absences can be unlawful, and some states expressly ban it.
FMLA covers employers with 50 or more employees, but the ADA at 15 and many state leave laws apply to far smaller businesses.
Apply the policy identically to everyone and keep signed acknowledgments and attendance records for the retention period. This is general information, not legal advice.
Frequently Asked Questions
What is an attendance policy?
An attendance policy is a written document that sets a business's expectations for being present and on time, and explains how absences, tardiness, and early departures are handled. A good policy defines the key terms, such as absence, tardiness, and no call, no show, lays out how and when employees must notify a manager if they cannot work, and describes the consequences of attendance problems, usually through progressive discipline. It also carves out absences protected by law, so protected leave is never treated as a violation. The policy does three jobs: it tells employees what is expected, it gives managers a consistent basis for handling attendance issues, and it creates the documented, even-handed record that makes a termination defensible if it is ever challenged. It belongs in the employee handbook, with a signed acknowledgment on file.
What is the difference between an attendance policy and an absenteeism policy?
The two overlap, but they emphasize different things. An attendance policy is the broader document: it covers punctuality, notification procedures, no call no show, early departures, and the general expectation of being present and on time, along with the consequences for not meeting it. An absenteeism policy focuses more narrowly on the problem of chronic or excessive absence, the patterns that disrupt operations, and how to address them. In practice a small business often needs one clear attendance policy that includes absenteeism, rather than two separate documents. This page gives you the full attendance policy with its notification and discipline structure; if your main concern is tracking and reducing a pattern of absences specifically, a dedicated absenteeism policy pairs with it. Use the attendance policy as the foundation and add the absenteeism angle if you need it.
What should an attendance policy include?
A complete attendance policy includes a purpose and scope, clear definitions, a notification procedure, expectations, consequences, and legal carve-outs. The purpose explains why attendance matters and who the policy applies to. The definitions pin down absence, tardiness, early departure, and no call no show, and distinguish excused from unexcused. The notification procedure states who to call, how, and how far in advance. The consequences describe the progressive-discipline steps, and, if you use one, the point system. The carve-outs are the most important and most often missed part: the policy must state that legally protected absences, such as FMLA leave, disability accommodations, and protected state and local leave, are never counted against the employee. Finally, an acknowledgment line with the employee signature makes the policy part of the record. The templates here include every one of these sections.
Can you fire an employee for poor attendance?
Generally yes, in at-will employment, an employer can terminate an employee for poor attendance, but with important limits. The termination must not be based on a legally protected absence. If the attendance problem is made up of FMLA leave, disability-related absences, or protected state or local leave, disciplining or firing for those absences can be unlawful. This is why a defensible attendance policy separates protected from unprotected absences and only counts the unprotected ones. The safest approach is to apply the policy consistently, document each step of progressive discipline, keep protected leave out of the count entirely, and confirm the situation against your state law before terminating. A well-documented, evenly applied policy is what turns a termination from a risk into a defensible decision. Because the details matter, confirm any attendance-based termination with a qualified professional. This is general information, not legal advice.
What is a no-fault attendance policy?
A no-fault attendance policy assigns points or occurrences for absences and tardiness regardless of the reason, and applies discipline when an employee reaches set thresholds. Its appeal is objectivity: everyone gets the same points for the same infraction, which removes case-by-case judgment. The serious catch is legal. Assigning points to a legally protected absence, such as FMLA leave or a disability-related absence, can violate federal law, and some states expressly prohibit it. New York Labor Law Section 215, for example, bars assessing points or demerits that could subject an employee to discipline for a legally protected absence. So a compliant no-fault policy must exclude all protected absences from the point count entirely. The points-based template on this page is built with that exclusion stated explicitly, but because point systems carry real risk, have counsel review yours before you use it. This is general information, not legal advice.
Does FMLA apply to a small business?
Often not, which is a common source of confusion. The federal Family and Medical Leave Act covers employers with 50 or more employees within a 75-mile radius, so a business with fewer than 50 employees is generally not FMLA-covered. But that does not mean no leave laws apply to a small business. The Americans with Disabilities Act covers employers with 15 or more employees and can require attendance accommodations. Many state and local sick-leave, safe-leave, and family-leave laws apply at far smaller sizes, sometimes to businesses with a single employee. So a small business must not assume that being under 50 employees means it can freely discipline every absence. The right move is to identify which federal, state, and local laws actually apply given your headcount and location, and build the policy's carve-out to match. The small-business template flags this directly. This is general information, not legal advice.
How do I write an attendance policy for my business?
Start from a template and customize it rather than writing from scratch. Choose the variant that fits your team, standard, points-based, flexible, or small-business, then work through the brackets. Set your notification rule: who employees call, by what method, and how many hours before a shift. Define your terms so there is no ambiguity about what counts as a tardy or a no call no show. Decide your consequences, either a progressive-discipline path or a point system, and write in the specific steps or thresholds. Add the legal carve-out for protected leave, tailored to the laws that apply to your size and state. Include an acknowledgment line for the employee signature. Then put the finished policy in your handbook and have every employee sign it. Finally, and most importantly, apply it consistently, because an unevenly enforced policy is worse than none. The templates here give you all of this to fill in.
How many no-call, no-shows count as job abandonment?
There is no federal number; it is whatever your policy defines, and the common standard is three consecutive no-call, no-show days. Job abandonment means an employee has effectively resigned by failing to show up or make contact for a set number of scheduled shifts in a row. Setting the threshold in your policy, for example three consecutive missed shifts without notice, gives you a clear, consistent basis for treating the absence as a voluntary resignation rather than a termination you have to defend. Two cautions matter. First, before treating an absence as job abandonment, make a reasonable attempt to contact the employee, because the absence could be a medical emergency or other protected situation they could not report. Second, if any part of the absence turns out to be legally protected leave, it cannot be counted toward abandonment. The standard and points templates here include a job-abandonment clause with a contact-attempt step built in. This is general information, not legal advice.
How long should I keep attendance records and signed policies?
Attendance records and signed policy acknowledgments are part of your employment and wage records, and you should keep them for a set period. Under the Fair Labor Standards Act recordkeeping rules, payroll records must be kept for at least three years, and the underlying records used to compute wages, including time and attendance records, for at least two years. Many advisors recommend keeping everything for three years to cover the longer statute-of-limitations window for wage claims, and some records, such as those tied to protected leave or discrimination claims, are best kept longer. The practical takeaway is to retain signed policy acknowledgments, attendance records, and any write-up forms or warning letters in the employee file, stored somewhere retrievable, for at least the required period. These are the documents you rely on if an attendance decision is ever questioned. This is general information, not legal advice.
