How to handle unplanned, unexcused absences

Q           How can we discipline a new employee who takes unplanned, unexcused days off for sickness, family emergencies, etc.? We don’t currently have a policy on how many unexcused days off are allowed.

Wisconsin employers have an interest in ensuring employees don’t engage in misconduct, including unplanned, unexcused time off from work. Accordingly, the Wisconsin statutes for unemployment compensation include provisions that permit discharging an employee for engaging in misconduct.

The Wisconsin statutes provide protection for employers that don’t have a policy explicitly allowing a certain number of unplanned, unexcused absences by permitting the discharge of an employee for absenteeism. Specifically, when an employee engages in more than two occasions of absenteeism within a 120-day period, and if the employee doesn’t provide notice and one or more valid reason for their absenteeism, you are permitted to discharge them for absenteeism. This provision doesn’t define how long an employee must be working for the employer for the statute to apply, indicating that it takes effect immediately upon employment. Should the new employee repeatedly fail to provide notice for the unexcused absences, you are permitted to discharge them in accordance with Wisconsin statutes.