What legal steps can I take as an employer in Ohio to deal with employees who chronically call off or are habitually late for work?

As an employer in Ohio, there are various legal steps that can be taken to address chronic absences or tardiness by employees. It is necessary to keep in mind the limits imposed by state and federal law on employer actions.

The first step is to establish clear attendance policies that are regularly communicated to employees. This policy should provide details on expectations for attendance, including specific numbers of absences or tardies that will trigger disciplinary action, the type of discipline for different levels of chronic absenteeism or tardiness, and the process for appealing disciplinary action.

Employees who violate attendance policies may be subjected to progressive discipline, which typically involves verbal or written warnings, suspension, and, ultimately, termination. Employers should follow fair and consistent practices when carrying out progressive discipline, including providing documentation and justification for each disciplinary action.

Employers should be mindful of the Americans with Disabilities Act (ADA), which protects individuals with disabilities from discrimination in the workplace. If an employee's frequent absence or tardiness is due to a disability, the employer may be required to provide reasonable accommodations, such as a modified work schedule or leave, to allow the employee to perform their job duties.

Some types of absenteeism or tardiness, such as those caused by illness or family emergencies, may be protected by the Family and Medical Leave Act (FMLA). If an employee is eligible for FMLA, they may be entitled to job-protected leave for up to 12 weeks per year for certain medical or family reasons.

It is important to maintain accurate records of employee attendance and to ensure compliance with relevant labor laws to avoid potential legal claims for discrimination or retaliation related to attendance issues. If an employee brings a claim related to absences or tardiness, employers should consult with an experienced employment law attorney for guidance on how to respond.

In summary, to address absences or tardiness by employees, employers should establish clear attendance policies, follow progressive discipline practices, provide reasonable accommodations where necessary, maintain compliance with applicable labor laws, and seek legal advice as needed.