Family and Medical Leave Act (FMLA): Federal law providing eligible employees up to 12 weeks of unpaid leave for qualifying medical conditions. Applies to companies with 50+ employees. Must verify if employee's absences are protected under FMLA before issuing warning.
Americans with Disabilities Act (ADA): Federal law requiring employers to provide reasonable accommodations for employees with disabilities. Attendance issues might be related to a disability requiring accommodation, and modified attendance requirements may need to be considered.
State-Specific Leave Laws: Various state-level regulations governing employee leave, including Paid Sick Leave laws and state-specific Family and Medical Leave provisions. Requirements vary by state and must be considered in addition to federal laws.
Title VII of the Civil Rights Act: Federal anti-discrimination law requiring that disciplinary actions, including attendance warnings, be administered without discrimination based on protected characteristics and consistently applied across all employees.
Labor Laws and Union Agreements: If applicable, must comply with Collective Bargaining Agreements and union-negotiated attendance policies. These may affect how attendance issues can be addressed and what disciplinary measures are permitted.
Company Policies: Internal attendance and disciplinary policies that must be followed consistently. Warning letter should align with established attendance policies and progressive discipline procedures.
