No call no show policy helps manager to eliminate an absence from the workforce without any notifications. An employee must have arisen out of company need or else you would not have one right.
This applies if you have one employee or one hundred, a small business, a new business, or even a seasonal business. No matter the business size they are all alike if they have more than one employee on payroll.
So, how can you ensure that the employees do as you need when you need it? The no call no show policy must be in place. In addition, you should use it even if working with scheduling software or attendance software for a number of reasons. Protecting the company are the primary reasons that policies are in a necessity. Other reasons a business needs to have no call no show policy to follow them as numerous alternatives. So, they will:
- Prevent future fraud from being committed.
- Eliminate the chances of being sued.
- Aide in the control of unemployment costs.
- Set a company expectation level.
- Define areas that are otherwise unclear.
- Ensure that fair treatment is to occur.
Be certain that each section of the attendance policy is addressed as if the only policy. When it is completed it should enable each section to stand alone without relying upon any other section for clarification. Each section should be as specific as possible:
- Definition of job abandonment
- Warnings
- Excuses
Knowing that not all times in which work is missed is terminated. Regardless of the policies on place is another of the harder aspects of management and being in charge. The laws often vary from state to state so be sure to do the proper research into the areas of which you will be managing. The following list a few of the areas in which an employee must have granted leave.
Time off for Jury Duty. There is not a current federal law that governs Jury duty many state have added them at their levels. This addition actually makes perfect sense considering it is the state that is most affected by the need for jury duty chairs to be filled. If an employee has been chosen for this duty they will be given documentation in writing that they can easily supply to you.
Time off for voting. Similar to jury duty, no federal law requirement is in place. However, many states have added them to their law books. Obviously it does not take a forever long time in which to vote so should not be a huge issue in the grand scheme of accommodating, just do not forget to check the wording on the state laws to ensure you have covered your button.
Medical Leave. There are a number of instances in which a medical leave is covered under the FMLA guidelines. These do not always require the medical issue to be that of their own but in many cases covers immediate family in different situations.
Military Leave. This leave not only allows the employee to not be at the workplace but requires you to return them to the schedule as soon as the leave has come to an end. This is defined and addressed in The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Should you have an employee that falls within this area take care that you read and understand all aspects.
Family Leave. Here is an area in which the federal government does a hand. They call their avenue of leave details the FMLA or Family and Medical Leave Act. There are many times that set requirements must be completed by the employee before covered, however, there are many that do not as well.
For example, the employee must have been employed by the company for 12 months for a paid leave but might be entitled to unpaid leave. This is one that will require adequate research each and every time it is a possible issue as two cases of similar nature are not necessarily handled the same ways. This is a great example of a time in which it is in the best interest of the company to employee or contact a trained professional.
Employment At Will
Another aspect that you want to make sure, where legally permissible, that you add the following clause. at the time of hire or at the onset of its birth an employee should in written version and sign off this policy. What this means to you and the business is that all employees are granted to specific promise as to the length of time they will be being employed, nor any other terms that are guaranteed to them. This also means that the employer has the right to terminate at will should they not be working out. It further means that you need not give them a reason as to why they are being terminated.
Can you fire a no show employee? Are there steps you must take first?
No call no show policy. There are going to be times in which even the very best of employees are not going to call when not coming to work. This could be caused due to injury, illness, automobile wreck, vehicle breakdown, or possibly even an arrest. Regardless the reason for the miss, it is bound to put a strain on the current posted schedule. Most companies have a policy in effect that allows two or three of these missed shifts with no notification. Some might not consider it a No Call No Show if contact is made within 12 hours of the starting time. Whereas others might have the third time it occurs listed as self resignation or self termination. Wording is a huge deal in any of these situations. If the state, this occurs is an employment at will state it is an entirely different situation yet. However, you may want to take some preliminary steps first:
Following the first missed shift - Try to contact the employee. While you are speaking them, you are unsure as to the nature of the absence. This also means that you are unsure if FMLA is protecting them, for example. If you rush into termination and it is a miss that is covered than it would be you that were in trouble as you could have broken a protection law.
Implement the no call no show written policy that is in effect. If you do not have a current policy it is now the time to create one. Either way document EVERYTHING. This includes the shift missed and times of that shift, the attempts to contact the employee that has been made and if successful, if not successful were messages left for them.
Mail a letter of pending termination potential. For example, if your no call no show policy reads termination following three no call no shows in a 12-month period send letter for each missed shift.
If terminating has been made the decision whether that be per the policy in effect or the one being made you must attempt to communicate this with the employee.
Note, that you have to do EVERYTHING.
Send a written termination letter based on no call no show policy. This policy in detail explains the violation of policy, how it was violated, when violated, be very specific.
Follow the state law in regards to the final paycheck when doing the termination paperwork. This is all a matter of future protection should it be needed.
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