Free No-Fault Attendance Policy Template
Free no-fault attendance policy template with a ready points system and FMLA and ADA carve-out. Fill-in-the-blank DOCX plus a points tracker. No signup.
No-Fault Attendance Policy Template
A free no-fault attendance policy template with a ready points system, progressive discipline, and a built-in FMLA and ADA carve-out, plus a small-business version, a no-call-no-show add-on, and a points tracker. DOCX and Excel, no signup.
A no-fault attendance policy assigns points for absences and tardiness regardless of reason, and disciplines an employee once the points reach a threshold. Its appeal is objectivity: everyone gets the same points for the same infraction. Its danger is legal, and it is not hypothetical. A no-fault policy that points a protected absence has cost employers millions, including the largest disability-discrimination settlement in EEOC history. This template gives you a working point system with the one thing most templates leave out: a built-in carve-out that keeps protected leave out of the count.
There are four documents here: a standard no-fault policy, a plain-language small-business version, a no-call-no-show add-on, and a points tracking sheet, which is the companion almost no competitor pairs with the policy. Each downloads free without an email or a subscription trap, the policies as DOCX and the tracker as Excel. Because no-fault is one type of attendance policy, this pairs with the broader attendance policy templates and with the attendance sheet for daily tracking.
What a No-Fault Attendance Policy Is
A no-fault attendance policy assigns points, sometimes called occurrences, for absences and tardiness regardless of the reason, and applies progressive discipline once an employee reaches set thresholds. It is called no-fault because it does not weigh whether an absence was justified; every unprotected absence of a given type earns the same points. No-fault attendance policy and no fault attendance policy are the same thing.
It is an employer-side document that belongs in the handbook with a signed acknowledgment. It is one specific type of attendance policy, distinguished by its point system and mechanical application, which is what makes it objective and also what makes it legally risky. The Department of Labor is explicit that FMLA leave cannot be counted against an employee under a no-fault policy.
How the Points System Works
The heart of a no-fault policy is the point system: each type of occurrence carries a point value, points accumulate over a rolling window, and discipline escalates as the total climbs. Here is the structure the templates use, following common industry values.
| Occurrence | Points | Notes |
|---|---|---|
| Tardiness or early departure | 0.5 | Under a set number of hours late |
| Absence with advance notice | 1 | Called in ahead of the shift |
| Absence without notice | 2 | No advance notice given |
| No call, no show | 2 | May be a serious violation |
| Protected absence | 0 | FMLA, ADA, state leave: never pointed |
Points count on a rolling twelve-month basis, so each point drops off twelve months after it was assigned, and many policies add point forgiveness, removing a point for a period of perfect attendance. Discipline then escalates at thresholds, for example a written warning, a final warning, and termination. The one row that is never negotiable is the last: a protected absence gets zero points.
Which Template Should You Use?
Match the document to your situation. The standard policy for a full document, the small-business version for a lean team, the no-call-no-show add-on for shift work, and the tracking sheet to actually run the points.
Free No-Fault Attendance Policy Templates
Download all four as a single set or grab individual documents. The three policies download as editable DOCX and the tracker as Excel, free with no signup and no subscription trap. Fill in the bracketed fields, adjust the point values and thresholds to fit your business, and add the policy to your handbook.
Template 1: Standard No-Fault Attendance Policy
A complete points-based policy with definitions, a points table, a rolling window, point forgiveness, discipline thresholds, and a bracketed protected-leave carve-out.
Template 2: Small-Business No-Fault Policy
A plain-language version for a team under 50, with a simple point block and an explicit reminder that FMLA applies at 50 employees and the ADA at 15.
Template 3: No-Call, No-Show Add-On
A focused add-on for unnotified absences, with a notification window, a point value, a job-abandonment clause, and a protected-leave exception.
Template 4: Points Tracking Sheet
An Excel tracker to log occurrences, points, and a running total, with a protected-status flag and an HR-review column. The companion piece that makes the policy usable.
| A | B | C | D | E | F | G | H | |
|---|---|---|---|---|---|---|---|---|
| 1 | Employee | Date | Occurrence Type | Points | Running Total | Protected? | HR Review Date | Action Triggered |
| 2 | Jordan Blake | Tardy | 0.5 | =SUM($D$2:D2) | No | |||
| 3 | Jordan Blake | Absence, notice | 1 | =SUM($D$2:D3) | No | |||
| 4 | Sam Rivera | Absence, FMLA | 0 | Yes | Points excluded | |||
| 5 | Sam Rivera | No call no show | 2 | Pending | HR to review | |||
| 6 | ||||||||
| 7 | ||||||||
| 8 |
No-Fault Attendance Policy Example
The standard template above is a full, fillable example you can read top to bottom. In short, a working no-fault attendance policy states its purpose, defines each occurrence type, lists point values, sets a rolling twelve-month window with point forgiveness, sets progressive-discipline thresholds, and, critically, states that protected absences are never pointed and any point assigned to one is removed. It closes with a notification procedure and an employee acknowledgment. The example values, such as 0.5 for a tardy or termination at eight points, are starting points you adjust to your business, but the structure and the protected-leave carve-out should stay.
The FMLA and ADA Compliance Trap
This is the section that matters most, and the one most templates skip. A no-fault policy is legal, but only if it excludes protected leave, and the mechanical nature of a point system is exactly what makes it easy to get wrong. The consequences are not theoretical.
The core rules are straightforward once stated. FMLA leave can never be pointed, and during FMLA leave you may freeze an employee's existing points but not reset them or count FMLA less favorably than equivalent leave. Disability-related absences may require accommodation under the ADA. And some states, such as New York, restrict point systems directly. For the underlying leave law, the FMLA guide gives the background, and the mechanics of a point count are covered in the attendance point system guide.
How to Implement One Legally
Implementing a no-fault policy correctly is a sequence, and the carve-out step is the one you cannot skip. Here is how the templates are built to be rolled out.
The order matters, but the non-negotiable step is the carve-out: before any point triggers discipline, confirm none of the points came from a protected absence. The tracker's protected-status flag is there to force that check, with a pending status for absences you are still confirming.
No-Fault Without an HR Department
A large employer runs a no-fault policy through an HR team that knows to screen for protected leave. A small business runs it through an owner or a manager who may not, which is exactly how a well-intentioned point system becomes a lawsuit. If you adopt a no-fault policy without dedicated HR, three habits protect you.
From Policy to Automated Tracking
The policy and the tracker work on their own, and for a small team the spreadsheet is enough. The strain shows up when points are tallied by hand across a growing team, when a protected absence slips through because no one flagged it, and when the signed policy or the point history cannot be found when it is needed.
When that point arrives, FirstHR centralizes what the policy and spreadsheet were doing separately: employee profiles hold the roster, document storage keeps the signed policy and point history in one retrievable place, e-signature captures the acknowledgment at hire and annually, and a status flag lets you mark a potentially protected absence as pending before it accrues points, alongside the employee handbook. FirstHR is an onboarding and HR platform, not a legal service: it does not decide whether an absence is legally protected or replace an employment attorney, so pair it with qualified counsel for the compliance calls. Applicant tracking is coming soon to FirstHR.
Frequently Asked Questions
What is a no-fault attendance policy?
A no-fault attendance policy assigns points, sometimes called occurrences, for absences and tardiness regardless of the reason, and applies progressive discipline once an employee reaches set thresholds. It is called no-fault because it does not judge whether an absence was justified; every unprotected absence of a given type earns the same points. A typical policy assigns a fraction of a point for a tardy, one point for an absence with notice, and two for a no call no show, counts them over a rolling twelve-month window, and escalates from a written warning to termination as points accumulate. The appeal is objectivity and consistency. The serious catch, and the reason this policy needs care, is that points can never be assigned to a legally protected absence, such as FMLA leave or a disability-related absence, and getting that wrong has cost employers millions. This is general information, not legal advice.
Are no-fault attendance policies legal?
Yes, no-fault attendance policies are generally legal, but only if they exclude legally protected absences, and that condition is where employers get into trouble. The Department of Labor has confirmed that a no-fault policy does not by itself violate the FMLA, as long as points are not assessed for FMLA-qualifying absences. The problem is a policy that applies its points mechanically to every absence, including protected ones. That is what led to the largest disability-discrimination settlement in EEOC history, when a major employer paid twenty million dollars over a no-fault policy that did not accommodate disability-related absences. A compliant no-fault policy assigns zero points to any absence protected by the FMLA, the ADA, or state and local leave law, and removes any point assigned to a protected absence. The templates here are built with that exclusion stated explicitly, but because the legal risk is real, have an employment attorney review yours. This is general information, not legal advice.
Can you be fired under a no-fault attendance policy for FMLA leave?
No. FMLA leave cannot be counted against an employee under a no-fault attendance policy, and firing someone for hitting a points threshold made up of FMLA absences is unlawful. The Department of Labor is explicit that an employer may not apply negative points, or deduct positive points, for time an employee takes as FMLA leave. This means FMLA-covered absences must be excluded from the point count entirely. There is one nuance courts and the DOL have addressed: during an FMLA absence, an employer may freeze an employee's existing points, meaning the twelve-month clock to drop points off can pause, but the employer cannot reset the points or treat FMLA leave less favorably than equivalent non-FMLA leave. In practice, the safe rule is simple: assign zero points to FMLA absences, and never let a termination threshold be reached because of them. This is general information, not legal advice.
What absences cannot be counted under a no-fault policy?
Any absence protected by federal, state, or local law must be excluded from the point count. The main categories are FMLA leave, for employers with 50 or more employees; absences that are a reasonable accommodation under the Americans with Disabilities Act, for employers with 15 or more; jury duty and military service; and absences protected by state and local paid sick, safe, and family leave laws, which apply at much smaller employer sizes. Workers' compensation and pregnancy-related accommodations may also be protected depending on the law. The practical rule for a no-fault policy is that if an absence is protected by any law, it gets zero points, and if a point was already assigned before the protection was known, it is removed once confirmed. Because the protected categories depend on your size and state, and because the law changes, confirm what applies to your business. This is general information, not legal advice.
How many points before termination in a no-fault policy?
There is no legal number; the thresholds are whatever your policy sets, and they should be chosen to fit your business and applied consistently. A common structure is a written warning at four points, a final written warning at six, and termination at eight, with each point counted over a rolling twelve-month window. Some employers use higher scales, for example discipline steps spread across ten or more points. What matters far more than the specific number is consistency and the protected-leave exclusion: the same threshold must apply to everyone, and none of the points that push someone to a threshold may come from a legally protected absence. The templates here use example thresholds you can adjust, and the tracker keeps a running total so you can see where each employee stands. Set thresholds that are firm enough to matter but leave room for the point-forgiveness and protected-leave rules to work. This is general information, not legal advice.
What is point forgiveness in an attendance policy?
Point forgiveness is a rule that removes points as a reward for a period of good attendance, giving employees a way to recover from occasional lapses. A common version removes one point for every thirty consecutive days of perfect attendance, on top of the rolling window that drops each point off automatically after twelve months. Point forgiveness makes a no-fault policy feel less purely punitive and gives employees an incentive to improve rather than giving up once they have accumulated points. It is optional, but many well-designed policies include it. One compliance note applies: if you offer point forgiveness or count time toward dropping points off, you must treat FMLA leave at least as well as equivalent non-FMLA leave in how that time is counted, or you risk discriminating against employees who used FMLA. The templates include a point-forgiveness rule and flag this treatment. This is general information, not legal advice.
Is a no-fault attendance policy the same as an attendance policy?
No, a no-fault policy is one specific type of attendance policy. An attendance policy is the broad document that sets expectations for being present and on time and describes how absences are handled. It can take different forms: some use a progressive-discipline approach based on manager judgment, and some use a no-fault point system that assigns points objectively. So every no-fault policy is an attendance policy, but not every attendance policy is no-fault. A no-fault policy is distinguished by its point or occurrence system and its mechanical application. This page focuses specifically on the no-fault, points-based approach and its particular legal risks. If you want to compare the point system against a judgment-based progressive-discipline approach, or you are not sure a point system is right for you, a general attendance policy covers both options.
Should a small business use a no-fault attendance policy?
It can, but it should weigh the tradeoff carefully. The advantage of a no-fault system for a small business is objectivity: a point system applies the same way to everyone, which feels fair and removes case-by-case arguments. The disadvantage is that a point system is exactly where small businesses without dedicated HR make costly compliance mistakes, because the mechanical application that makes it objective is also what can sweep in a protected absence. For many small teams, a simpler judgment-based progressive-discipline approach, handled in person, is lower risk. If you do want the consistency of a point system, the small-business template here is written in plain language with the protected-leave exclusion built in, and the tracker helps you flag protected or pending absences before they trigger discipline. Whichever you choose, have an employment attorney review it, since the cost of getting the carve-out wrong is high. This is general information, not legal advice.