Quick answer
- Copy one of the three attendance policy templates below (shift, point-based or hybrid office), replace every [bracketed] item, and have each employee sign Template 4.
- Any point or occurrence system must exclude absences protected by law: FMLA leave, state and city paid sick leave, disability and pregnancy accommodations, jury duty, military leave and similar.
- Apply the same thresholds to everyone, pay for every minute worked, and keep a dated record of each point and warning.
An attendance policy tells employees when they are expected at work, how to report an absence or late arrival, and what happens when attendance problems repeat. This page gives you the text first. Template 1 is a standard attendance and punctuality policy for hourly, shift-based workplaces. Template 2 is a no-fault attendance point system with a points table and discipline steps. Template 3 is a short version for office and hybrid teams, and Template 4 is an acknowledgment form. Replace the [bracketed] items, delete what does not apply, and read the legal cautions before you roll anything out. This is general information, not legal advice, so have an employment attorney review your final policy.
Attendance policy templates to copy
Each block copies as plain text, so it pastes cleanly into Google Docs, Word or your employee handbook template. Pick Template 1 or Template 2 for hourly staff, not both. Template 3 works alongside either one if you also have office staff.
How to fill in the attendance policy template
- Choose one system for hourly staff. Template 1 counts occurrences, where every unexcused event weighs the same. Template 2 weights events by how much they disrupt the schedule, so a no call, no show costs more than a 10-minute late arrival. Point systems take more tracking but feel fairer to most crews.
- Set the numbers to match your operation. A cafe that opens at 6:00 a.m. may need 2 hours' notice; a warehouse with on-call coverage may accept 1 hour. Pick a grace period, a notice window and thresholds, then use them for every location.
- Match your time clock. The early clock-in window and the late threshold should match how your time clock and any rounding rule are set up. Federal rules allow rounding only if it averages out so employees are paid for all time worked, and you must pay for any work done before the shift. Our tardiness policy guide covers grace periods and late arrivals in more detail.
- List your state and city leave laws in section 6 of Template 1 or section 3 of Template 2. If you are in a state with paid sick leave, name the law so managers know which absences are off limits.
- Decide how you handle no call, no shows. Many employers treat two or three in a row as job abandonment. Our no call, no show guide covers how to handle a first one and how to word that section.
- Send the draft to counsel, especially if you operate in more than one state.
What to include in an employee attendance policy
Whatever format you choose, an employee attendance policy should answer these questions in writing:
| Section | What it answers |
|---|---|
| Scope | Who the policy covers: hourly, salaried, part-time, seasonal, each location |
| Schedules and swaps | Where schedules are posted, how far in advance, and how a swap is approved |
| Definitions | What counts as late, an early departure, an absence and a no call, no show |
| Notice | How and how far ahead to report an absence, and who to tell |
| Excused and protected absences | Which absences never count, including every leave protected by law |
| Counting method | Occurrences or points, the rolling period and when points expire |
| Discipline steps | What happens at each threshold, and that serious issues can skip steps |
| Pay | That all time worked is paid and how unpaid time is handled |
| Review route | Who employees ask when they think a point is wrong |
Your attendance policy and your time off policy should be written together. If PTO needs 14 days' notice, say whether a same-day PTO request turns an absence into an excused one. Our guide to paid time off policies covers accrual, caps and the state sick leave laws a PTO bank has to meet.
How an attendance point system works
An attendance point system assigns a value to each unexcused event and adds them up over a rolling period. Because points are given without judging the reason, managers do not have to decide whose excuse is good enough, which is the main reason employers like it. The catch is that "no-fault" can never mean "no exceptions": protected absences stay out entirely.
Here is an illustrative example using Template 2's default numbers. Ben Alvarez is a barista at Northfield Coffee in Austin, Texas. Dates are in his rolling 12-month window.
| Date | Event | Points | Running total | Step |
|---|---|---|---|---|
| January 10 | Clocked in 20 minutes late | 0.5 | 0.5 | None |
| February 3 | Absent, called 3 hours before the shift | 1 | 1.5 | None |
| April 7 | Jury service | 0 (protected) | 1.5 | None |
| May 20 | Left 3 hours early without approval | 1 | 2.5 | None |
| June 8 | No call, no show | 3 | 5.5 | Written warning |
| July 1 | Absent, called 1 hour before the shift | 1.5 | 7 | Final written warning |
On June 8, Ben's total jumped from 2.5 past both the 3-point and 5-point thresholds, so under the template he receives the written warning, the step that matches his new total. When the January 10 half point expires the following January 10, his total drops to 6.5. If he earns 2.5 more points before older ones expire, he reaches 9 and his record goes to review. The jury service day never touches his total.
How to enforce an attendance policy consistently
A policy protects you only if it is applied the same way to everyone. Discrimination claims often turn on whether one employee got a warning for something a coworker did without consequence.
- Count from the record, not from memory. Base points on time clock punches and logged absence reports. A manager's recollection of "always late" will not hold up.
- Check protected leave before every point. Before you record a point, make sure the absence was not FMLA leave, paid sick leave or an accommodation. Train managers to flag any absence where an employee mentions a medical condition, pregnancy, a family member's illness or an injury.
- Tell employees their total. Share each point in writing within a few days and let people see their running total. Surprise terminations cause disputes.
- Document every step. Each conversation and warning should state the date, the events, the current total and the next threshold. Have the employee sign or acknowledge it.
- Review before you terminate. Have someone other than the direct manager check the full record, including any leave requests, before a termination.
- Do not make silent exceptions. If you waive a point, write down why, so you can apply the same reasoning next time.
Legal cautions for attendance policies
No federal law requires an attendance policy, and employers can discipline for poor attendance. The limits come from leave and anti-discrimination laws. The most important rule for any point system: an absence protected by law cannot earn a point, a demerit or an occurrence.
FMLA
The Department of Labor's FMLA regulation at 29 CFR 825.220(c) says employers cannot use FMLA leave as a negative factor in employment actions such as discipline, "nor can FMLA leave be counted under no fault attendance policies." That includes intermittent leave taken a few hours at a time. The FMLA covers private employers with 50 or more employees, and our FMLA leave guide explains who is eligible. Under 29 CFR 825.215(c)(2), a perfect attendance bonus may be withheld when FMLA leave caused the employee to miss the goal, unless employees on equivalent non-FMLA leave still get it. Employers may generally require employees on FMLA leave to follow the usual call-in procedure, absent unusual circumstances.
ADA and the Pregnant Workers Fairness Act
The Equal Employment Opportunity Commission's 2016 resource on employer-provided leave and the ADA says employees with disabilities are generally subject to attendance rules, but that the ADA "requires that employers make exceptions to their policies, including leave policies," as a reasonable accommodation unless doing so causes undue hardship. That can mean excusing disability-related absences or allowing extra unpaid leave. The Pregnant Workers Fairness Act, which also covers employers with 15 or more employees, requires reasonable accommodations for known limitations related to pregnancy and childbirth. The EEOC's final rule, effective June 18, 2024, lists time off, such as for medical appointments or recovery, as a possible accommodation.
State paid sick leave laws
Many states and cities with paid sick leave laws make it illegal to count protected sick time against employees. Four examples:
- California. The Labor Commissioner's paid sick leave FAQ says that if an employee has accrued and available sick leave and uses it for a purpose the law covers, the employer may not give an "occurrence" for the absence, because that is a form of discipline. Labor Code 234 makes an absence control policy that counts kin care sick leave toward discipline a per se violation. The FAQ also says an occurrence can still apply to any part of an unscheduled absence not covered by available sick leave.
- New York. Labor Law 215, as amended effective in February 2023, treats "assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time" for a legally protected absence as retaliation. Law-firm summaries note that giving the point is itself the violation, even if no discipline follows.
- Colorado. The Healthy Families and Workplaces Act makes it unlawful to count paid sick leave taken under the law as an absence that may lead to discipline, discharge, demotion, suspension or other adverse action. The Colorado Department of Labor and Employment's required poster states the same rule.
- Minnesota. Minnesota Statutes 181.9447, subdivision 6, makes it unlawful for an absence control policy or attendance point system "to count earned sick and safe time as an absence that may lead to or result in retaliation or any other adverse action."
Other states and cities have similar rules, and many also limit how much notice and documentation you can require for sick time. Check your state labor department before you set notice windows or doctor's note rules.
NLRA concerted activity
Section 7 of the National Labor Relations Act protects most private-sector, non-supervisory employees who act together about pay and working conditions, union or not. A group of employees who walk off a shift together to protest unsafe conditions or pay may be engaged in protected concerted activity, so do not treat that as a routine group of no call, no shows without talking to counsel. Also avoid rules that forbid employees from discussing their attendance discipline or schedules with each other.
Predictive scheduling laws
Oregon and several cities, including New York City, San Francisco, Seattle, Chicago, Philadelphia, Los Angeles, Berkeley, Emeryville and Evanston, have fair workweek or predictive scheduling laws for certain industries and employer sizes. These laws typically require advance notice of schedules and premium pay for changes, and many let employees decline hours added after the schedule is posted. If one applies to you, a declined added shift should not earn a point. Check the city or state labor office for the current rules and coverage.
Exempt employees
Under the federal salary basis rule, exempt employees generally cannot have their salary docked for partial-day absences, so handle their attendance through discipline rather than pay. Our exempt vs non-exempt guide explains the rules.
Attendance records to keep
Your attendance records are your evidence if a termination is challenged. Keep these, and check whether your state requires longer:
- Time cards and punch records: at least 2 years under the Fair Labor Standards Act, according to the Department of Labor's Wage and Hour Division. Payroll records: at least 3 years.
- FMLA records: at least 3 years under 29 CFR 825.500. Medical certifications and histories must be kept as confidential medical records in files separate from the regular personnel file.
- Discipline and termination records: the EEOC requires covered employers to keep personnel and employment records for at least 1 year, and for an involuntary termination, 1 year from the termination date. Keep them longer if a charge or lawsuit is filed.
- Sick leave records: California requires employers to keep records of paid sick leave earned and used for 3 years, according to the Labor Commissioner. Other sick leave states set their own periods.
- The point log itself: each point with its date, event and source punch, every removal and the reason, and the signed acknowledgment form.
How to roll out a new attendance policy
- Start clean. Begin counting points on the effective date. Do not apply a new point system to absences that happened before employees knew the rules.
- Give notice. Announce the policy at least two weeks before the effective date, and explain why you are making the change.
- Train managers first. Walk through the points table, the protected leave list and how to log an absence. Give them one place to send questions about protected leave.
- Hold a short team meeting. Cover the notice method, the late threshold, how to see a running total and how to ask for a review.
- Collect Template 4 from every current employee and every new hire during onboarding. E-signatures work. Track who has not signed and follow up within a week.
- Review after 90 days. Look at how many points were given, removed and disputed. If one location issues far more points than others, find out why before it becomes a consistency problem.
Frequently asked questions
Is a no-fault attendance policy legal?
Yes, in general. A no-fault or point-based policy that counts unplanned absences without asking the reason is lawful, as long as it never counts absences protected by law. FMLA regulations say FMLA leave cannot be counted under no-fault attendance policies, and states such as California, New York, Colorado and Minnesota bar counting protected sick leave.
Can an employer give attendance points for sick days?
Only for sick days that no law protects. If the employee uses paid sick leave under a state or city law, takes FMLA leave, or is absent because of a disability that needs accommodation, the day cannot become a point. Where no law applies, a sick day can count, though many employers still excuse it to encourage people to stay home.
How many attendance points before termination?
No law sets a number. Each employer picks its own thresholds; Template 2 starts coaching at 3 points and reviews termination at 9 points in a rolling 12 months. Choose numbers that fit how often you schedule people, put them in writing, apply them the same way to everyone, and review each termination before you act.
Can an employer require a doctor's note for an absence?
Often, but state sick leave laws limit it. Colorado, for example, lets employers ask for documentation only after four or more consecutive workdays of paid sick leave, and other states set their own limits. Under the FMLA you can require medical certification on the regulation's terms. Keep any medical notes in a confidential file, separate from the personnel file.
Do attendance policies apply to exempt employees?
Yes, but discipline works differently. You can coach, warn or terminate an exempt employee for poor attendance. Under federal salary rules you generally cannot dock their salary for partial-day absences, and full-day deductions are allowed only in limited cases, such as full days off for personal reasons. Handle exempt attendance through conversations and warnings, not pay.