Table of Contents
What is the law for being late to work?
Assuming your tardy employee is non-exempt, the law says you’re free to dock his wages when he’s late – within reason. You generally can’t dock him more than he would have earned if he had showed up on time, but you can round off his absent time in half hour increments.
Can employer deduct pay for being late?
Can my employer take money from my wages for being late? No. Employers may not deduct money from your wages as punishment for being late. Although you cannot be penalized for lateness, the employer only has to pay you for the time worked.
How do you punish an employee for being late?
Use the business’s customary disciplinary form or make your own. Include the reason for the write-up, the dates and times the employee came in late, and what further action you will take if she continues to come in late. Ask the employee to sign and date the form. Put the form in her employee file.
What is considered excessive lateness?
Excessive tardiness is defined as “being late to work and coming back late from breaks, or lunch, more than six times in any three month period. An employee may be terminated for tardiness after they have been cautioned for the need for improvement.” Whitlock v.
What can I do about chronically late employees?
12 tips to deal with an employee consistently late to work
- Address the situation early.
- Make your expectations clear.
- Refer to a tardy policy.
- Allow for privacy.
- Set goals together.
- Check in regularly.
- Give praise for improved behavior.
- Document conversations and interactions.
Is tardiness considered insubordination?
Other instances that might be considered insubordination include delaying work tasks, giving a manager the “silent treatment,” inappropriate dress and frequent tardiness.
How many minutes can an employee be late?
Whether or not your company has a grace period for being late is entirely up to you. It can even depend on individual managers within your organization. A typical grace period is five to seven minutes, but keep the employee handbook up to date for specific policies.
Can I get a written warning for being late?
Giving a Written Warning Let the employee know that continued lateness isn’t acceptable and ask what steps he will be taking to be on time in the future. Document these steps as part of the written warning. You should also sign the document and provide the employee with a copy.
Can you be fired for chronic illness?
The California Fair Employment and Housing Act (FEHA) makes it illegal for your employer to discriminate against you due to a medical condition or perceived medical condition. Discrimination can include any adverse employment action, including firing or termination.
What happens if an employee only works 4 hours a day?
For instance, if an employee’s regular daily shift is eight hours long, but the employee is only able to work four hours per day pursuant to doctor’s orders, the employee will have lost more than one day of work due to his or her injury after the third day of working only four hours per day.
When is an employee not entitled to a waiting time penalty?
Barca (1998) 68 Cal.App4th 487 An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due. If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed.
What happens if an employee shows up late to work?
If there is not a clear policy that has been broken when an employee shows up late, then the employer is more limited in what actions can be taken against the employee while still being fair.
Does lost time from work count as a work injury?
Yes. If an employee actually loses time from work on the date of injury, that lost time should be counted in determining whether or not the employee has missed more than one day of work.