No call no shows can be extremely disruptive and costly for employers. When an employee fails to show up for a scheduled shift without giving proper notice, it leaves the employer short-staffed and scrambling to cover the absent employee’s responsibilities. This results in lower productivity, unhappy customers, and higher labor costs in the form of overtime for other employees asked to fill in. However, most employers recognize that occasionally things come up that prevent an employee from making it to work. Illness, family emergencies, transportation issues, and other unforeseen circumstances are often valid reasons for an unavoidable absence. So how many no call no shows should an employer allow before terminating the employee? There is no one size fits all answer, as companies need to weigh several factors when setting their no call no show policies.
How many no call no shows warrant termination?
Most human resources experts and employment lawyers recommend allowing at least 2-3 no call no shows within a 12 month period before considering termination. This provides employees some leeway for legitimate reasons for missing work last minute, while still holding them accountable for failing to follow proper notification procedures. Anything more frequent than 2-3 no call no shows per year indicates either an unreliable employee or a flawed notification system. Here are some general guidelines on when no call no show absences should prompt disciplinary action or termination:
- 1 no call no show within 3 months – Verbal warning reminding employee of attendance policy
- 2 no call no shows within 6 months – Written warning outlining consequences of further violations
- 3 no call no shows within 12 months – Final warning or termination depending on circumstances
Of course, these are just general recommendations, and employers can set their own no call no show limits based on their specific staffing needs and tolerance levels. The key is applying whatever policy is in place consistently to all employees. Making exceptions for some while terminating others for the same offense can open the company up to claims of discrimination.
Factors to consider when setting no call no show policy
When deciding how many no call no shows to allow before termination, employers should take the following into consideration:
Employee’s history and overall performance
Someone with an otherwise spotless attendance record and stellar performance may deserve more leniency than an employee with chronic absenteeism issues. Cutting an employee loose after a single unforeseen emergency may do more harm than good if they are generally reliable.
Staffing levels and employee importance
Terminating an employee creates a vacancy that has to be filled. In jobs with high turnover or surplus labor pools, it’s easier to replace no call no show offenders. But for positions that are hard to fill, employers may opt for more progressive discipline before resorting to termination. Similarly, dismissing a top performer or someone in a mission critical role over infrequent no call no shows may not be worth the disruption.
Hours and shift coverage
Employees who work longer shifts or overnight/weekend hours when finding coverage is challenging should be granted fewer no call no shows before termination. Even a single no-show can cripple operations and customer service when shifts are sparsely staffed.
FMLA and other leave protections
Federal and state medical leave laws may protect employees with chronic health problems that occasionally flare up with little notice. Employers should review any doctor-certified medical conditions before disciplining over no call no shows that may qualify as protected leave events.
Documented policy and notification procedures
To take disciplinary action over no call no shows, employers must have clear written attendance policies spelling out expectations for call-outs and consequences for violations. Employees should acknowledge receiving a copy of the policy. The notification process for reporting absences should also be clearly outlined and communicated.
Union contracts and collective bargaining agreements
For union employees covered by collective bargaining agreements, the contract language supersedes the company’s own policies when it comes to no call no show discipline and termination. HR and management must coordinate with union representatives before taking any action.
State employment laws
Some states place restrictions on reasons for termination or require progressive discipline steps before firing employees. Checking state statutes ensures any termination for excessive no call no shows adheres to applicable employment laws.
Best practices in managing no call no shows
While allowing for some no call no show incidents before terminating, employers can take proactive steps to minimize their occurrence:
- Have a clear written attendance policy and call-out procedure
- Require employees acknowledge and consent to the policy
- Ensure employees know how to properly notify supervisors if they will be absent
- Ask for doctor notes or other verification after one no call no show
- Offer attendance bonuses for meeting monthly targets
- Provide free rides or bus passes if transportation is an issue
- Use software to predict and schedule around likely absenteeism
- Cross train employees to fill in when short staffed
- Build bench strength with part time and on-call staff
- Act swiftly when no call no show patterns emerge
Stopping excessive absenteeism requires proactively addressing issues before they escalate to the point of termination. But once an employee hits the maximum no call no shows outlined in company policy, prompt and consistent termination sends a message that attendance rules matter.
Alternatives to termination
In some cases, progressive discipline steps like suspension before termination or second chances under a last chance agreement are appropriate alternatives. This may be applicable when:
- No call no shows seem out of character for the employee
- The employee has a long, discipline-free tenure
- The absences are related to a medical condition
- Staffing shortages would make replacing the employee difficult
- The employee takes full responsibility and commits to improvement
Under a last chance agreement, the employee typically admits wrongdoing, accepts a final written warning, and agrees to immediate termination for any further policy violations within 6-12 months. This puts them on notice to correct the no call no show behavior while giving a good employee another opportunity. However, the agreement should be drafted by an employment lawyer and reserved only for first offense cases with extenuating circumstances.
Can no call no shows collect unemployment benefits?
After being terminated for excessive no call no shows, the employee will likely file for unemployment insurance benefits. Eligibility largely depends on state laws and the specifics of each case. If the employee was fired for misconduct after intentional, unexcused absences, unemployment can be denied. But benefits may still be granted if:
- The absences were due to medical emergencies
- No call no show policy expectations were unclear
- The employer failed to follow disciplinary steps
- The employee made good faith efforts to notify the supervisor
- Documentation of warnings was insufficient
To block unemployment benefits, the employer must prove willful misconduct, not just unsatisfactory attendance. This requires documenting each no call no show, steps taken to notify the employee, and how warnings were communicated. Even doing everything “by the book”, benefits claims can’t be taken for granted following a termination for absenteeism.
Managing absenteeism within legal bounds
While unplanned absences disrupt workflow, denying employees any flexibility also reduces engagement and retention. The healthiest approach combines clear policies with some understanding that life happens. Setting reasonable yet consistent no call no show limits – typically 2-3 per year – before termination achieves that balance. But staying within employment laws is also crucial when disciplining and firing for attendance issues. Some best practices include:
- Reviewing all doctor notes and FMLA paperwork
- Following ADA guidelines for medical accommodations
- Allowing employees input on potential scheduling conflicts
- Applying policies consistently without bias
- Providing transition time when changing expectations
- Adhering to state laws regarding final pay and COBRA
- Letting employees appeal terminations if policy violated
While employers have latitude in setting their own no call no show standards, staying within legal bounds minimizes litigation risks and upholds positive, fair workplaces.
Conclusion
Finding the right balance between attendance flexibility and accountability is key in limiting no call no shows. Most employers terminate workers after 2-3 unexcused absences within a 12 month span. But considering the employee’s overall record, staffing needs, and legal obligations ensures this serious decision is handled fairly and objectively. With clear policies, open communication, and consistent enforcement, employers can curb excessive absenteeism while keeping top talent engaged. When obligations are mutually understood, terminations over attendance are rare yet warranted when all options are exhausted.