What is the Legal Definition of a No-Call No-Show?

A no-call no-show is an employee who fails to show up for work as scheduled without notifying his or her employer. The consequences of the violation depend on the employer’s policy. Many employers terminate no-call no-show employees if they haven’t heard from them in three business days.

When a fired no-call no-show suddenly reappears, the issue should be dealt with on a case-by-case basis, according to the Society for Human Resource Management (SHRM). Below are some considerations.

Employee Explanation

In this day and age, when cell phones are commonplace, what plausible reason could anyone have for disappearing from work without calling to say why? Even if there’s a medical emergency involving the employee or a family member, there’s typically someone who can call the employer. The same goes if the employee is in jail.

However, unusual circumstances do exist, such as the employee being in a coma or not being conscious enough to ask someone to call. For this reason, you should hear the employee out. If he or she is a good performer, has never violated your company policies, and presents a convincing argument for why he or she couldn’t contact you, reinstatement may be warranted.

The decision to reinstate a no-call/no-show employee should align with your company policy. Per SHRM, the policy should be enforced in a nondiscriminatory way, meaning you should treat employees in similar situations equally.

Paid Sick Leave Laws

In states or localities that have mandated paid sick leave laws, the requirements may affect an employer’s no-call/no-show policy.

For example, in Washington state, employers must provide paid sick leave for certain health-related reasons. Per the law firm Jeffers, Danielson, Sonn & Aylward (JDSA), employers in Washington must ensure their “attendance policies do not subject employees to any adverse employment actions as a result of taking their accrued paid sick leave.” Further, employers should “revise any no-call no-show policy to reflect the requirements of the new law.”

Some employers in Washington worry that the state’s paid sick leave laws make it impossible for them to discipline no-call/no-show employees. However, as stated by JDSA, employers can require that employees give advance notice of their need to take paid sick leave unless a rare circumstance prevents them from calling, texting, or having someone else contact the employer before they start their shift.

Paid sick leave laws vary by state and locality. Therefore, employers should examine the rules of their specific jurisdiction to identify any impact on their no-call/no-show policy.

Family and Medical Leave Act (FMLA)

The FMLA allows employers to develop call-in procedures, which employees must generally comply with even if the FMLA covers their absence. However, the FMLA permits an exception for employees who could not contact their employer due to “unusual circumstances.”

According to an article published by FMLA Insights, if an employee fails to follow the employer’s FMLA call-in policy, the employer should try to find out from the employee why he or she did not obey the procedures. The employer may want to partner with a legal expert during this process to ensure the investigation comes to an appropriate conclusion.

Communicate Clear Notice Requirements

To prevent no-call no-show incidents, it’s crucial to communicate clear notice requirements to employees. This means specifying the acceptable methods for reporting absences (e.g., phone call, email, or a designated app) and the timeframe in which the notice must be given. Employers should include these details in employee handbooks and during onboarding sessions to ensure all staff members understand the expectations.

Review Decisions Before Acting

Before taking any disciplinary action against a no-call no-show employee, review the situation thoroughly. Consider any extenuating circumstances that may have prevented the employee from notifying you, such as medical emergencies or personal crises. Consulting with HR professionals or legal advisors can help ensure that any actions taken are fair and compliant with employment laws.

Have a No-Call No-Show Policy

Implementing a clear and comprehensive no-call no-show policy is essential. This policy should:

Define what constitutes a no-call no-show.
Specify the procedures for reporting absences.
Detail the steps for documenting no-call no-show incidents.
Outline the consequences, including potential termination, for repeated violations.

Use a Clock In/Clock Out App

Utilizing a clock in/clock out app can help track employee attendance more accurately. These apps can send alerts when employees fail to clock in, enabling managers to address potential no-call no-show situations promptly. Automated systems also help in maintaining accurate records for performance reviews and disciplinary actions.

Use a Team Chat App

Team chat apps can facilitate real-time communication between employees and management. Encouraging staff to report absences through these apps ensures timely notifications and reduces the likelihood of no-call no-show incidents. These apps can also document conversations, providing a record of communication attempts.

Reward Good Behavior

Recognizing and rewarding good attendance can motivate employees to adhere to attendance policies. Consider implementing incentive programs that offer rewards for consistent attendance, such as bonuses, extra vacation days, or public recognition. Positive reinforcement can create a more engaged and responsible workforce.

How to Deal with No-Call No-Show Cases

Notify the Employee and Document

When a no-call no-show incident occurs, promptly notify the employee and document the incident. Attempt to contact the employee via multiple methods (phone, email, chat apps) and record all communication attempts. Documenting these efforts demonstrates that you’ve given the employee a fair chance to explain their absence.

Draft Language Carefully

When drafting your no-call no-show policy, use precise and unambiguous language. Clearly define what constitutes a no-call no-show and outline the consequences of such behavior. Ensure the policy aligns with local labor laws and includes steps for documenting and addressing violations. Ambiguity can lead to misunderstandings and potential legal disputes, so clarity is key.

Example:

[Company Name]
[Company Address]
[City, State, ZIP Code]

[Date]

[Employee Name]
[Employee Address]
[City, State, ZIP Code]

Subject: No-Call No-Show Incident on [Date]

Dear [Employee Name],

I hope this letter finds you well. This correspondence is to formally address your absence from work on [Date(s)] without prior notification, commonly referred to as a no-call no-show incident.

Incident Details:

On [Date], you were scheduled to work from [Start Time] to [End Time]. Unfortunately, you did not report to work and did not notify your supervisor or any other member of management regarding your absence.

Company Policy:

As per [Company Name]’s attendance policy, employees are required to notify their supervisor at least [X hours] before the start of their shift if they are unable to report to work. Failure to do so is considered a violation of our attendance policy and is classified as a no-call no-show incident.

Impact:

Your unexpected absence without notice impacts the team’s productivity and the company’s operations. It also puts additional strain on your colleagues, who have to cover your responsibilities in your absence.

Employee Response:

Please explain your absence and why you did not notify your supervisor. Your response will help us determine whether there were extenuating circumstances that prevented you from following the proper notification procedure.

Next Steps:

To discuss this matter further, please schedule a meeting with your supervisor by [Specific Date, typically within 3-5 business days]. During this meeting, we will review your explanation, the impact of your absence, and any necessary disciplinary actions or support needed.

Possible Consequences:

Please be aware that repeated no-call no-show incidents or failure to provide a satisfactory explanation may result in disciplinary actions, which could include written warnings, suspension, or termination of employment as outlined in our company policy.

Returning Company Property:

If it is determined that your employment will be terminated, you will be required to return all company property, including but not limited to [list of items, e.g., laptop, mobile phone, access cards, uniforms], by [specific deadline].

We value your contribution to [Company Name] and hope to resolve this matter amicably. Clear communication and adherence to company policies are crucial for maintaining a productive and professional work environment.

Thank you for your prompt attention to this matter.

Sincerely,

[Manager/Supervisor Name]
[Manager/Supervisor Title]
[Company Name]
[Contact Information]

Comply with Final Pay and Other Voluntary Separation Requirements

If a no-call no-show results in termination, ensure compliance with final pay and other voluntary separation requirements. This includes:

Final Pay
Provide the terminated employee with their final paycheck according to state laws. Some jurisdictions require final pay to be given immediately upon termination, while others allow a specific timeframe.

Benefits
Inform the employee of any benefits they are entitled to upon separation, such as COBRA for continued health insurance coverage. Provide clear instructions on how they can access these benefits.

Separation Notices
Depending on your location, you may be required to provide separation notices detailing the reasons for termination and the employee’s rights. Ensure these notices are delivered promptly and documented appropriately.

Return of Company Equipment

Upon termination, request the return of any company-owned equipment the employee may have, such as laptops, smartphones, or uniforms. Provide clear instructions on how and when the items should be returned, and document the process to ensure all company property is accounted for.

By implementing these strategies and maintaining clear, documented policies, employers can effectively manage no-call no-show situations, ensuring compliance with legal requirements and fostering a more reliable workforce.

Importance of a No-Call No-Show Policy with a PEO

A PEO provides comprehensive HR services to small and medium-sized businesses. A clear no-call no-show policy ensures consistency across your organization, which a PEO can help enforce and manage. This consistency is crucial in maintaining workforce discipline and operational efficiency.

Compliance and Legal Protection: A PEO can assist in crafting a no-call no-show policy that complies with federal and state labor laws. They stay updated on legal requirements, helping you avoid potential legal issues related to wrongful termination or unfair labor practices.
Efficient Documentation and Record-Keeping: PEOs offer HR management systems that can streamline the documentation process for no-call no-show incidents. These systems provide an organized way to track attendance, document incidents, and maintain records, which is vital for any disciplinary action or legal defense.
Training and Communication: A PEO can help in training your staff on the no-call no-show policy, ensuring everyone understands the expectations and consequences. They can also assist in communicating these policies effectively through employee handbooks, onboarding sessions, and regular reminders.
Conflict Resolution: When a no-call no-show incident occurs, a PEO can provide HR expertise to handle the situation professionally. They offer mediation services to resolve conflicts between management and employees, ensuring fair and impartial handling of disputes.
Performance Management: PEOs can integrate the no-call no-show policy into a broader performance management system. They can help you track attendance-related issues and their impact on overall performance, providing insights for employee evaluations and development plans.
Reduction in Administrative Burden: Managing HR tasks like no-call no-show incidents can be time-consuming. A PEO takes on these administrative responsibilities, allowing you to focus on core business activities. They handle the procedural aspects, including sending warning letters, arranging meetings, and following up on actions taken.
Support in Creating Fair Policies: PEOs bring expertise in creating fair and transparent HR policies. They can help draft a no-call no-show policy that considers both employee rights and company needs, promoting a balanced approach to attendance management.

Finding the Right PEO with Strong HR Capabilities

Evaluate HR Services Offered: When looking for a PEO, assess their HR services to ensure they include policy development, legal compliance, training, and performance management. A PEO with comprehensive HR capabilities will be better equipped to support your no-call no-show policy.
Check Technological Solutions: Look for a PEO that offers advanced HR technology, such as time-tracking and attendance systems. These tools can help manage no-call no-show incidents more effectively and provide data-driven insights.
Industry Expertise: Choose a PEO with experience in your industry. They will better understand industry-specific challenges and can tailor the no-call, no-show policy accordingly.
References and Reviews: Seek references from other businesses and read reviews to gauge the PEO’s effectiveness in managing HR issues, including attendance policies. Positive feedback on their handling of similar situations can indicate their reliability.
Customization and Flexibility: Ensure the PEO can customize their services to fit your specific needs. A flexible PEO will be able to adapt their approach to your company’s culture and operational requirements, providing a more effective partnership.

By partnering with a PEO, you can ensure that your no-call, no-show policy is well-crafted, legally compliant, and effectively enforced. This will lead to a more disciplined and efficient workforce. This collaboration can enhance overall employee management and reduce the administrative burden on your internal HR team.