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Labor and Employment Law
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

9-233 Labor and Employment Law 233.syn


Absenteeism and Tardiness


N. Peter Lareau;Lex K. Larson;Jonathan R. Mook;David L. Bacon;David W. Tucker;Darrell R. VanDeusen;Jeffrey L. Hirsch;Tim Bornstein;Ann Gosline;and Marc Greenbaum.

Chapter Summary


The most commonly discipline cases involve employee absenteeism and tardiness. Management's right to discipline and ultimately discharge employees for absenteeism and tardiness is based on the right to operate efficiently. Absenteeism and tardiness have an obvious and direct impact on efficiency and productivity. Replacement employees and unanticipated staff and schedule changes adversely affect the flow of work in both production and service operations. On the other hand, employees may have valid and unavoidable reasons for absences from work--for instance, illness, family obligations and emergencies make some absences inevitable. Many employers adopt rules designed to inform employees of the standards applied in evaluating absences.

This chapter from Labor and Employment Law discusses legal issues relating to absenteeism and tardiness, including disciplining and discharging employees for attendance infractions. Specific topics addressed include notifying an employer of tardiness or absence; providing required documentation; falsification of reasons for absences; excessive absenteeism and tardiness; mitigating factors; and termination for absences caused by work-related disabilities. The chapter also addresses attendance control programs; the duty to bargain over implementation of attendance control plans; and descriptions of various attendance control plans, including those applying the "no fault" and "just cause" standards.

Labor and Employment Law is a complete guide to labor and employment law, both federal and state. Expert authors provide concise, authoritative analysis on all established and emerging issues in labor and employment law. This comprehensive treatise also offers practice tips, checklists, and model forms for use in ERISA, FMLA, and OSHA disputes.


Arbitration,labor arbitration,employment arbitration,employee absenteeism,employee tardiness,absent employee,tardy employee,illness,family emergency,attendance,employee attendance,employee discipline,employee discharge,no fault,just cause,work-related disability,attendance control plans


For an overview of the arbitration hearing: administration, conduct and procedures, see Ch. 221. Just cause and progressive discipline is discussed at Ch. 230. For an overview of common causes of discipline, see Ch. 232. See Ch. 239 for a discussion of non-disciplinary termination. Ch. 252 discusses remedies. Ch. 274 provides a state labor and employment law summary.


See National Labor Relations: Law and Practice (Matthew Bender), a comprehensive, authoritative treatise on the entire scope of the National Labor Relations Act and related statutes, as interpreted by the National Labor Relations Board and the courts.

See O'Meara, Employment Arbitration (Matthew Bender), which provides in-depth analysis of the Federal Arbitration Act as well as case law concerning the enforcement of employment arbitration agreements and appeals of arbitration awards.

See Unjust Dismissal (Matthew Bender), which delivers comprehensive coverage of the most explosive issues in labor law today, and includes forms, checklists, sample interrogatories and motions, and jury instructions.
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