One of the most common employee performance issues, absenteeism management can become an issue if not handled correctly – especially, as employers resume in-person business operations amid the coronavirus pandemic. In an article for HR.com, partner Kraig B. Long and associate Jeffrey Johnson provide guidance for employers to ensure that the application of attendance policies does not run afoul of obligations under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

“Managers – who most commonly address attendance issues on a day-to-day basis – should be trained on detection of potential medical leave or reasonable accommodation situations,” Long and Johnson write. “They should be instructed to elevate such situations to human resources for proper handling. … Human resources personnel asked to support a manager in addressing attendance concerns should likewise investigate an employee’s poor attendance and any related communications to be satisfied that there has been no accommodation or FMLA leave request.”

Long and Johnson further remind employers to ensure that their attendance policies are clear on the consequences for failure to satisfy expectations and to implement such policies consistently with the leave and disability accommodations laws in the jurisdictions where they operate in addition to seeking guidance from experienced counsel where necessary.