First published on Thursday, June 4, 2020
Last updated on Thursday, June 20, 2024
Dealing with an employee’s unauthorized absence can be disruptive and challenging for your business. For that reason, it's crucial to be able to differentiate between legitimate unforeseen absences and those that are not excused, as the response to such actions and the resulting repercussions can vary greatly.
In this article, we'll provide a practical guide for employers on identifying, managing, and addressing unauthorized absences in the workplace.
Armed with these helpful tips, you'll maintain productivity and ensure fair treatment in accordance with legal and company protocols.
What is unauthorized absence?
As an employer or manager, you've probably come across the term ‘unauthorized absence.’
If you're still unsure what it means, it's a term used to describe when an employee fails to report for work without informing their employer or giving a legitimate reason.
Unauthorized absences can include scenarios where an employee fails to report for duty without sufficient notice or does not notify the employer of the reasons for their absence. In other words, their absence was unplanned. It can also be described as a willful unauthorized leave from work.
However, not all unplanned absences are considered unauthorized.
Genuine sickness, caring for dependents in an emergency, or even severe weather conditions that prevent safe travel to work are permissible grounds for such absences from work.
In such cases, it's best to be more flexible about unauthorized absences caused by circumstances such as bereavement or accidents.
How to identify unauthorized absences in the workplace
If you find yourself wondering how to detect unauthorized absences effectively in your workplace, the answer lies in adopting a systematic approach.
Using timekeeping tools or performance management systems to meticulously record absences can help you identify attendance patterns. Trigger points, such as when sick leave is used too regularly, can also be used to spot potential attendance problems.
Moreover, it is paramount to implement systems that allow your employees to easily and efficiently book time off. This streamlines the notification process for managers, making them aware of any planned absences in real-time.
How to initially respond to an employee's unplanned absence
Imagine walking into your office one day and finding a key team member missing. Your first course of action might be to panic, call them frantically, or wait for them to show up.
But a better approach would be to promptly make reasonable attempts to contact the employee who has not reported for duty to understand the reason behind their absence.
You can do this via phone calls, text messages, emails, and, if necessary, by reaching out to the emergency contacts provided by the employee.
If initial attempts to contact the employee fail, you should use the emergency contact information provided by the employee as part of the next step.
Remember to document every attempt to contact an absent employee, noting the date, time, method of contact, and identity of the person who made the attempt.
Investigating the reasons behind an unauthorized absence
After successfully contacting the absent employee, it's vital to investigate the root causes of their absence. This could be a critical step in identifying potential issues like recurring illness or personal challenges that might be causing the absence.
Considering each situation of unauthorized absence on an individual basis allows you to create tailored solutions and accommodations that can improve overall work attendance.
When an employee returns after an unauthorized absence, evaluate the employee’s explanation to determine the next steps. If the explanation is not satisfactory, enforcing formal disciplinary action could be necessary.
Return-to-work interviews can also be a valuable tool for discussing the underlying reasons behind employee absences. They can offer support and necessary adjustments for issues such as mental health or health conditions.
The role of return to work interviews
Return-to-work interviews are an effective tool for managing unauthorized absences. They help assess the legitimacy of an employee’s absence reasons and provide needed support for their reintegration into the workplace.
Have direct conversations during these interviews to stress the significance of consistent attendance and help prevent future unauthorized absences.
For more information on the return-to-work process, read our employer's guide to employee return to work.
Implementing an effective absence management policy
Developing a comprehensive absence policy is a key measure for managing unauthorized absences.
Setting clear expectations for attendance within the company policy can enhance accountability and decrease misunderstandings related to absence management.
A comprehensive policy should include:
The basis for entitlement to time off
The notification process
Examples of unauthorized absence
Return-to-work interviews
Necessary documentation like sick notes
The consequences for unauthorized absences
Crafting clear operational terms
It's important to craft and include clear operational terms in your employment contracts, as they are substantial in effectively managing attendance. These terms and conditions should specify the circumstances under which time off work is allowed.
Disciplinary consequences for willful unauthorized absence
When your employees take unauthorized leave without a valid reason, it may become necessary to initiate disciplinary action. This is especially true when the absence is found to be willful and without good cause. The disciplinary process should start with a verbal warning before escalating to more severe actions like suspension or termination, especially if the absences persist.
Verbal warning and written notice
A verbal warning is usually the first step in the disciplinary process. It serves as a wake-up call for the employee, emphasizing the seriousness of their behaviour. If the employee continues to take unauthorized leave, a written notice can then follow.
It’s important to remember that if an employee has a previous written warning for unauthorized absence, a dismissal may be justified, but each case must be assessed individually.
Proceeding to a more serious disciplinary sanction
If an employee continues to take unauthorized leave or shows signs of gross misconduct, it may be time to escalate disciplinary actions. Prior to dismissal, it's best practice to give the employee enough warning that their behaviour may lead to more severe consequences if it continues.
Remind your employees that failure to adhere to the workplace’s disciplinary policy and improve behaviour after being warned can result in the most serious disciplinary action, such as dismissal.
Navigating the disciplinary process for unauthorized leave
When disciplining employees for unauthorized absences, it's crucial to follow a fair and comprehensive process. This includes conducting an investigation, providing appropriate notice to the employee, and adhering strictly to legal frameworks, employment standards, and company procedures.
Scheduling the disciplinary hearing
Once the investigation into the unauthorized absence is completed, formally invite the employee to a disciplinary hearing in writing.
Give the employee a reasonable notice period so they have enough time to prepare their defence for the hearing.
If the employee or their chosen representative can't attend the scheduled hearing, they must propose an alternative date that is more suitable for them as soon as possible.
Determining disciplinary outcomes
After the disciplinary hearing, it’s time to determine the disciplinary actions.
At this stage, you should evaluate the context of an absence and consider a proportional range of disciplinary actions, from taking no action to possible termination of employment.
The evaluation should include an assessment of the employee’s work record and any mitigating circumstances they present.
Managing unauthorized absences with BrightHR
With the advancements of the digital age, a variety of tools and techniques are readily available to help employers like you in managing employee attendance.
HR software solutions like BrightHR can help you document various types of leave, track attendance trends, and ensure accurate payroll through centralized attendance and absence records.
A comprehensive absence management software can also provide real-time notifications and document management to help with compliance monitoring.
Using HR technology for absence reporting
Our advanced absence management system come equipped with the following functionalities:
Track public/statutory holidays
Compile leave reports
Display upcoming absences
Maintain records of remaining time-off balances
Allow employees to submit photographic evidence for absences
Allow administrators to respond to these requests remotely, streamlining the approval process
Plus, real-time attendance monitoring and communication regarding clock-ins and breaks can be done with our employee time tracking app Blip, so you always have a full view of which employees are in, off, or away on leave.
Communication and follow-up
Transparent communication plays a pivotal role in managing unauthorized absences. Communicating your company's attendance policy clearly ensures that employees are aware of expectations around attendance and minimizes future absences.
Regular check-ins and open, honest communication can also allow managers to proactively identify and address attendance issues.
Documentation and record-keeping
Maintaining comprehensive records of attendance issues serves as a vital shield against possible wrongful termination lawsuits. So having a centralized and secure online document storage system will help in the event of legal questions or disputes.
Consulting with experienced HR professionals
BrightHR also helps employers manage unauthorized absences through our 24/7 employment relations advice line. Consult with expert HR specialists for guidelines on devising absence management procedures that mitigate legal risks.
They can also provide useful insights on conducting disciplinary hearings, ensuring that you follow a process that adheres strictly to legal frameworks to avoid employee claims.
Interested in learning more about how BrightHR can help you effectively manage absences in your business? Book a FREE demo today!
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