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Can we fire a manager for poor attendance? 12-07-2005

An exempt manager comes to work late and her direct reports are starting to complain. There is also a pattern of full day absences that are not covered by PTO, FMLA, or Disability. Can we discipline her for poor attendance without compromising her exempt status, or does the supervisor need to link the absence issues to her performance?

Rita Risser replies:

You can require exempt employees to have good attendance, without jeopardizing exempt status. First, notify the manager, in writing, exactly what the attendance standards are. Then document the attendance of all managers (to avoid a claim of discrimination). If your documentation proves this manager does not meet the standard, give a final warning, and ultimately you can terminate.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
 
 
     
 
 
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