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Employee attendance is essential for fostering a productive and efficient workplace, but managing it while staying compliant with state regulations can feel like walking a tightrope. For example, in Colorado, the Healthy Families and Workplaces Act (HFWA) requires employers to provide paid sick leave to all employees. Employers must adhere to this law while aligning with business objectives and promoting reliable employee attendance to cultivate a productive environment for their teams.
In this article, we'll explore best practices for managing attendance in compliance with the HFWA and offer practical strategies for fostering a productive work environment.
Train Managers to Build a Culture of Accountability
Managers play a crucial role in ensuring reliable attendance, yet many struggle to enforce policies effectively. To address this, employers should train managers on how to do the following:
Documentation is often lacking, and as the old HR saying goes, “If you didn’t document it, it didn’t happen.” For instance, after discussing attendance expectations with an employee, the manager should send a follow-up email summarizing the conversation. This email not only reinforces the message but also provides a timestamped record for future reference. By incorporating this simple practice, managers can build a culture of accountability, ensuring employees recognize the significance of reliable attendance for the team's success.
How Leadership Can Drive Attendance Success
Leadership must hold managers accountable for enforcing attendance policies and ensuring proper documentation. A leadership team that models these behaviors sets clear expectations for the entire organization. Consider holding quarterly reviews with managers to ensure they are applying policies consistently. When policies are applied inconsistently, they can lead to claims of discrimination or unfair treatment. As a result, it’s crucial that leadership sets the tone for accountability across the organization.
Embrace the Leave and Show Compassion
A common question we receive at Employers Council is, “How do I know if the employee is using the day off for a reason listed under HFWA if documentation can’t be asked for until the fourth missed consecutive workday?”
There is no easy answer to this question. The law is written with the intent of taking the employee’s word in good faith. Most agencies — including the DOL, EEOC, OSHA, and others — adopt this approach, expecting employers to extend the same trust. While this might seem like a challenge, it’s an opportunity to show compassion. To manage this effectively, consider encouraging employees to proactively plan for mental health days or other necessary absences.
By fostering an open dialogue, employers can anticipate when employees may need time off rather than scrambling at the last minute. This proactive approach creates a win-win situation, allowing for better workforce planning while respecting employee rights under the HFWA in a compassionate way.
What's Not Protected?
Even if the reason the employee states they cannot come to work is listed under the HFWA reasons, it does not need to be protected if they have used their 48 hours. This includes partial-day absences. For instance, if an employee has three hours of paid sick time but requires eight, then five hours are unprotected under HFWA. It is strongly recommended to have additional language added to your sick leave policy if you provide time beyond 48 hours or an all-inclusive paid time off (PTO) policy that states only the first 48 hours is protected time and additional time may not be.
Employers should note that there currently is no guidance on how the Colorado Department of Labor and Employment (CDLE) would rule if this language is challenged. If you have concerns or questions about this, it is recommended to speak with an Employers Council attorney.
Approaches to Attendance
Employers generally adopt either casual or formal attendance policies, each with benefits. Below is a brief overview of each type of policy. Learn more in Employers Council’s sample handbook on attendance.
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Casual: The casual policy is a general set of expectations that employees will be punctual and reliable while employed. Some managers believe they can only enforce something if it is specifically written out, but that is not a recommended practice as it can restrict management’s prerogative if the exact situation is not among those listed. By keeping a policy general, the organization can make decisions at their discretion and should simply maintain consistency in their practices. If leadership supports and maintains accountability, consistency in practice becomes easy to achieve.
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Formal: More formal policies, such as a point system, can be helpful in creating consistency as they are often no-fault policies, and the discipline level is set the same for everyone. A point system policy assigns points for certain attendance-related infractions (such as tardiness, absences, or leaving early) and deducts points when employees do not adhere to the company's attendance policies. While these policies are generally no fault, points assigned regardless of the reason, that doesn’t mean they can’t violate a law. A point system attendance policy for Colorado employees would still need to excuse the time used under HFWA. HFWA time is protected under Colorado law, but employers in states that do not have paid sick leave laws would not be required to excuse sick days unless they choose to in their policy.
Time-Off Offerings
Another option to look at is how you offer time off. You may offer an all-inclusive PTO policy. Many employers choose this policy because administering one leave bucket is simpler than multiple buckets. However, in states that view vacation time as wages and require it to be paid out or have a paid sick leave law, separate buckets of sick and vacation are recommended.
The sick pay does not need to be paid out currently in any state with a paid sick leave law; collective bargaining agreements may require this, though. This means unused sick time is not a financial burden to a company upon employee separation. States that view vacation or PTO as wages do require that any unused, accrued time is paid out upon separation. Since PTO is a combination of time off, it is generally a larger amount that would be paid out than if the employee only had a vacation bucket.
There is no one-size-fits-all solution for employers, but there are a variety of ways to be compliant and manage employee attendance. By implementing clear policies, training managers, and maintaining consistency in enforcement, employers can foster a productive work environment while staying compliant. Employers should regularly review their attendance policies and consult with Employers Council to ensure their approach remains effective and compliant with evolving regulations. If you have any questions, please contact us at info@employerscouncil.org.
Kirsten Ellis is a human resources consultant for Employers Council.