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When an employee is away from work and has not contacted their management, it is known as “no call, no show.” A no-call, no-show policy establishes expectations and clarifies the consequences for the employee. To fight this, I advocate including a no call, no show policy into a larger attendance policy at your organization.
You may limit the frequency of your team members just not showing up for work by explicitly spelling out the policy and the consequences for breaking it. It won’t solve the problem, but it will make the consequences apparent so you can hold staff responsible with ease.
Creating a No-Call, No-Show Policy in 4 Easy Steps
Let’s talk about being fair before we get into developing your company’s policy. Emergencies occur from time to time. An employee may be involved in a vehicle accident or experience a death in the family. It’s unusual that work is the first thing that comes to mind in these situations. Being fair will go a long way toward increasing employee loyalty and engagement.
1. Set Ground Rules
When it comes to policies, many businesses like to make them brief and simple to understand. This isn’t always the greatest approach to go about things. Your no-call, no-show policy should be detailed and allow no room for interpretation.
When it comes to developing policy regulations, you have a lot of leeway within the confines of basic employment legislation. You may, for example, require any employee who is unable to report to work to phone their manager at least 15 minutes before the planned start of their shift. Alternatively, you might be more flexible and enable workers to contact their boss up to one hour after their planned start time by calling or texting them.
The policy should spell out the first steps you’ll do if an employee fails to show up for their shift. You might, for example, phone them first. Maybe they overslept or there’s a problem. In any case, you want to ensure that your employee is safe.
If you are unable to contact them after many attempts, you may contact the persons on their emergency contact list. These individuals may be able to provide you with information if your employee was in an accident or had a family emergency. Once you understand what’s going on, you may assist your employee—or penalize them if necessary—while also scheduling other staff to fill the gap.
2. Establish Violation Consequences
One-time offenses should have consequences, but they shouldn’t be overly harsh. For instance, if an employee breaks your rules for the first time, you may opt to write them up or give them another formal reprimand. You may wish to raise the consequences for a second infraction by including a required meeting with human resources and/or a one-day suspension.
Many firms have policies in place that stipulate what happens if an employee is fired after a particular number of days without communication. Setting this to three days in a row and including it in your no-call, no-show policy is a good idea.
The employee has three days to alert their management. It also provides time for the employer to call the employee or their emergency contacts. If there has been no contact for three days, the employer may terminate the employment connection due to the employee’s work desertion.
When it comes to terminating an employee for continuing to violate your no call, no show policy, stick to your stated policy. Termination after one infraction would be excessive, but three strikes is a good balance. The three-strikes rule applies in two situations: when an employee goes three days without contacting you, and when an employee breaches the no call, no show policy three times in a specific period of time, such as a calendar year.
If you need to fire an employee for breaching your no-call, no-show policy, you should keep track of everything and notify the employee in writing. If the employee commits three infractions in a row, you should inform them that your firm considers them to have abandoned their work and is terminating their employment contract. It will be less probable for the employee to collect unemployment benefits or sue your organization for wrongful termination if you state that the individual has abandoned their position, which is a sort of voluntary resignation.
3. Make your no-call, no-show policy a part of your attendance policy.
A decent no-call, no-show policy should not be your company’s only one. Businesses should include a no-call, no-show policy into their overall attendance policy. No call, no show scenarios are better understood when they are part of a broader attendance policy that includes details of your PTO and leave policies. It informs workers that they are entitled to advantages given by your firm, but that they will face repercussions if they breach your trust and expectations.
4. Make your new policy known.
Any time you develop a new business policy, be sure to inform your employees. This allows them to ask questions and for you to address any issues they may have.
Speaking with your staff also establishes the policy’s clear parameters. Make it clear that your organization intends to be flexible in the event of an emergency, but that you will still follow your policy. It’s also a good idea to have each employee sign a document acknowledging that they’ve read, comprehended, and agree to follow the policy. Another best practice recommendation is to post your no call, no show policy, as well as any other business regulations, on a workplace intranet or bulletin board where workers can quickly see them.
Legal Guidelines for No-Call, No-Show Policies
You should have your policy examined by legal counsel, just like any other business policy that covers areas of employment, to verify that your organization is not breaking any federal, state, or local employment laws. No call, no show rules are, for the most part, legal.
However, there is one area where employers might get themselves into trouble: deciding whether or not to fire a misbehaving employee. Employers should not fire an employee for one policy infringement, in my opinion. If an employee fights their termination, this might look harsh to both workers and judges. A better method is to include a clause in your no call, no show policy that states that after a specific number of infractions, you will be fired.
The easiest approach to keep your firm out of trouble with its no call, no show policy is to apply it fairly. Employees and courts may see uneven enforcement as discriminatory, potentially violating multiple labor laws. This emphasizes the need of writing a clear and thorough policy, which you will be required to follow at all times.
Considerations for Family and Medical Leave
An employee may take unplanned leave under the Family and Medical Leave Act (FMLA), but only if the employee follows the company’s time off regulations, which should be included in your attendance policy. This rule is only broken under exceptional situations, such as a medical emergency.
You’ll want to know whether the employee took any FMLA or Americans with Disabilities Act (ADA) leave in the prior 12 months before taking any remedial action. If they did, firing the employee might be considered retribution in court. Of course, you won’t know for sure if you can’t contact the employee. That’s why reinstatement, which we’ll talk about next, is so vital.
Some states and municipalities have implemented their own leave rules in addition to the FMLA. Check your state’s criteria to ensure that your no-call, no-show policy complies with the stricter regulations.
Rehiring a Former Employee
If an employee has broken your no call, no show policy three times, or for whatever period of time your policy specifies, you should terminate them. Employees do, however, sometimes return after a period of absence and communication breakdown. This may happen if your employee was in the hospital or if a family member died. While they may have had a few moments to send you a text, there may be valid reasons for their failure to contact you.
Can you reinstate this employee if you’ve previously determined that they’ve abandoned their job? Yes, but you are not obligated to. And, in any circumstance, you should follow your policy’s instructions.
Much of that decision will be based on the employee’s previous performance and attendance record, so it isn’t always a simple choice and may be made on a case-by-case basis. However, whichever course you select, be sure it is made without prejudice. Discrimination based on race, sex, national origin, or religion is prohibited under Title VII of the Civil Rights Act of 1964. It’s possible that you’ll require legal advice in this case.
Conclusion
It may seem that creating a no-call, no-show policy is a difficult process, but it does not have to be. If you incorporate this policy as part of a larger attendance policy, your workers will have a better understanding of why the policy exists.
When you tell your team about your policy, they’ll want to know what happens if they break it. You can keep everyone on the same page and limit the number of times your workers skip work without informing their bosses by establishing clear standards and expectations.
Frequently Asked Questions
Can you terminate an employee for no call, no show?
Yes, you can terminate an employee for no call, no show.
