What Is Unauthorized Absence?
Learn what unauthorized absence means (missing work without approval or notice), difference from authorized leave, no-call no-show policies, progressive discipline, legal considerations, and strategies to reduce unexcused absences.
What Is Unauthorized Absence?
Unauthorized absence occurs when employees miss scheduled work without prior approval, valid excuse, or proper notification to their employer. Also called unexcused absence or unapproved absence, these incidents violate attendance policies and can result in disciplinary action up to and including termination.
Unauthorized absences differ from unpaid leave or other authorized time off because they lack proper approval, advance notice, or valid justification under company policy or law.
Quick Answer
Unauthorized absence means missing work without approval or proper notice. Includes no-call no-show (failing to notify employer), unapproved time off, and absences without valid excuse. Can result in progressive discipline: verbal warning → written warning → suspension → termination. Must consider FMLA and ADA protections before disciplining.
Types of Unauthorized Absences
No-Call No-Show
Definition: Employee fails to report for scheduled shift and doesn’t notify employer.
Severity: Most serious type of unauthorized absence.
Typical consequences: Many employers consider this job abandonment and grounds for immediate termination, especially after 2-3 consecutive days.
Impact: Leaves employer scrambling for coverage, disrupts operations, affects coworkers.
Unapproved Time Off
Definition: Employee requests time off but employer denies request; employee takes time off anyway.
Example: Employee asks for vacation during busy period, request denied, employee doesn’t show up.
Consequences: Violation of direct instruction; typically results in written warning or suspension.
Insufficient Notice
Definition: Employee calls in sick or requests time off but doesn’t follow proper notification procedures (too late, wrong person, insufficient notice).
Example: Policy requires 2 hours notice before shift; employee texts 30 minutes before.
Consequences: May be treated as unauthorized even if employee had valid reason for absence.
Exceeding Approved Leave
Definition: Employee approved for specific leave period but doesn’t return as scheduled.
Example: Approved for 5 days off, returns on day 8 without communication or approval.
Consequences: Extra days considered unauthorized; discipline depends on reason and communication.
Unauthorized vs Authorized Absence
| Aspect | Authorized Absence | Unauthorized Absence |
|---|---|---|
| Approval | Approved in advance or protected by law | Not approved or improperly requested |
| Examples | Vacation, sick leave, FMLA, jury duty, bereavement | No-call no-show, unapproved time off |
| Notification | Proper advance notice or timely call-in | No notice or improper notification |
| Pay status | May be paid or unpaid per policy | Always unpaid |
| Discipline risk | None (following proper procedures) | High (policy violation) |
No-Call No-Show Policies
Standard Policy Structure
1st offense: Verbal or written warning
2nd offense: Written warning and suspension (1-3 days)
3rd offense: Termination
Variation: Some employers terminate after first or second no-call no-show, treating it as job abandonment.
Consecutive days: 3 consecutive days of no-call no-show typically considered voluntary resignation (job abandonment).
Policy Elements
Notification requirements: Who to call (supervisor, manager, HR hotline), how to notify (phone call required, not text/email for first contact), when to notify (e.g., at least 2 hours before shift start), what information to provide (reason, expected return date).
Consequences: Clear discipline progression for violations.
Exceptions: Emergency situations (hospitalization, incarceration, accidents) may be handled differently with documentation.
Legal Considerations for No-Call No-Show
FMLA protections: Employee absence may qualify for FMLA even without proper notice if emergency situation.
ADA considerations: Disability-related absence may be protected accommodation.
State laws: Some states limit discipline for absences related to protected activities.
Documentation: Essential to document every incident, attempts to contact employee, and policy application.
Progressive Discipline for Unauthorized Absences
Step 1: Verbal Warning
When: First unauthorized absence or minor violation.
Action: Manager discusses with employee, explains policy, documents conversation.
Documentation: Note in personnel file with date, reason for absence, policy reviewed.
Step 2: Written Warning
When: Second unauthorized absence or no improvement after verbal warning.
Action: Formal written warning stating violation, policy citation, consequences of future violations.
Documentation: Written warning signed by employee and manager, placed in personnel file.
Step 3: Suspension
When: Third unauthorized absence or pattern of violations.
Action: Suspension without pay (1-5 days depending on severity).
Documentation: Suspension letter detailing violations, suspension period, final warning that further violations may result in termination.
Step 4: Termination
When: Fourth unauthorized absence, repeated violations despite discipline, or single severe violation (multiple consecutive no-call no-shows).
Action: Termination of employment for violation of attendance policy.
Legal review: Recommended to review termination with HR or legal counsel to ensure compliance with FMLA, ADA, and other protections.
Legal Protections to Consider
Family and Medical Leave Act (FMLA)
Protection: Employees eligible for FMLA cannot be disciplined for absences that qualify as FMLA leave, even without proper advance notice in emergencies.
Employer obligation: Must notify employee if absence may qualify for FMLA and provide FMLA paperwork.
Best practice: When unauthorized absence appears medical or family-related, investigate whether FMLA applies before disciplining.
Americans with Disabilities Act (ADA)
Protection: Absences related to disability may be protected as reasonable accommodation.
Interactive process: Employer must engage in good faith discussion about accommodation needs.
Example: Employee with chronic condition has occasional absences; may be protected accommodation requiring modification of standard attendance policy.
State Sick Leave Laws
Paid sick leave: Many states/cities mandate paid sick leave; absences using this leave cannot be counted against employee.
Retaliation: Prohibited from disciplining employees for using protected sick leave.
Other Protections
Jury duty: Absences for jury service are protected.
Military leave: USERRA protects military service absences.
Whistleblower: Absences related to whistleblower activities may be protected.
Reducing Unauthorized Absences
Clear Attendance Policies
Written policy: Document attendance expectations, call-in procedures, and consequences.
Accessibility: Make policy available in employee handbook, onboarding materials, and workplace postings.
Consistency: Apply policy uniformly to all employees.
Address Root Causes
Work-life balance: Inflexible schedules drive unauthorized absences. Consider flexible scheduling where feasible.
Sufficient paid time off: Inadequate PTO leads to employees calling in “sick” for personal needs.
Workplace issues: Toxic culture, poor management, lack of employee empowerment, or workplace behavior problems increase absences.
Transportation: Unreliable transportation causes absences. Consider shift timing, remote work, or assistance programs.
Positive Incentives
Attendance bonuses: Reward perfect or near-perfect attendance with discretionary bonuses or variable pay incentives.
Recognition: Publicly acknowledge excellent attendance in team meetings.
Preferential scheduling: Give employees with good attendance first choice of shifts or time-off requests.
Technology Solutions
Automated call-in: Simplify reporting absences with mobile apps or hotlines.
Attendance tracking: Use workforce management software to track absences across all shift types including 4-on-4-off patterns, identify patterns, generate reports, and integrate with your employee roster.
Notifications: Automated reminders about upcoming shifts reduce forgotten shifts.
Documenting Unauthorized Absences
What to Document
Date and time: Exact date of absence and scheduled shift time.
Notification details: Whether employee called in, time of call, who they spoke with, reason given (if any).
Attempts to contact: If no-call no-show, document attempts to reach employee.
Policy violation: Specific policy section violated.
Employee statement: What employee said when contacted or upon return.
Documentation Best Practices
Timeliness: Document incident same day or as soon as discovered.
Objectivity: Stick to facts; avoid subjective judgments or assumptions.
Consistency: Use same documentation process for all employees.
Signatures: Have employee sign documentation whenever possible; note if they refuse.
Sources
- U.S. Department of Labor – FMLA
- U.S. Equal Employment Opportunity Commission – ADA
- Society for Human Resource Management – Attendance Management
Further Reading
Frequently Asked Questions
What is unauthorized absence?
Unauthorized absence occurs when employees miss scheduled work without prior approval, valid excuse, or proper notification to their employer. Includes no-call no-show incidents, unapproved time off, and absences not covered by company policy or law. Different from authorized leave like vacation, sick leave, or FMLA.
What is no-call no-show policy?
A no-call no-show policy outlines consequences when employees fail to report for scheduled shifts without notifying the employer. Typical progressive discipline: 1st offense = written warning, 2nd offense = suspension, 3rd offense = termination. Some employers terminate after single no-call no-show for job abandonment. Three consecutive days usually considered voluntary resignation.
Can you be fired for unauthorized absence?
Yes, employers can terminate employees for unauthorized absences, especially repeated violations or no-call no-show incidents. However, must consider FMLA protections (medical/family emergencies), ADA accommodations (disability-related absences), and state laws. Best practice: use progressive discipline and document all incidents before termination.
What is the difference between authorized and unauthorized absence?
Authorized absence is approved by employer or protected by law (vacation, sick leave, FMLA, jury duty, bereavement). Unauthorized absence is not approved or improperly requested (no-call no-show, unapproved time off, insufficient notice). Authorized absences are protected and don’t result in discipline; unauthorized absences may lead to termination.
How many unauthorized absences before termination?
Varies by employer policy. Typical progressive discipline: 3-4 unauthorized absences lead to termination after verbal warning, written warning, and suspension. However, some employers terminate after 1-2 no-call no-shows. Three consecutive days of no-call no-show usually considered job abandonment and grounds for immediate termination.
What should you do if an employee has unauthorized absence?
Document the incident immediately (date, time, notification details). Contact employee to understand reason and determine if FMLA or ADA may apply. Follow progressive discipline policy consistently. For no-call no-show, attempt to contact employee and document attempts. Review legal protections before disciplining. Meet with employee upon return to discuss violation and expectations.
Can unauthorized absence be excused retroactively?
Possibly, depending on circumstances and employer discretion. If employee had legitimate emergency (hospitalization, accident, incarceration) preventing proper notification, employer may excuse absence retroactively with documentation. However, policy should specify that unauthorized absences cannot simply be covered by using PTO after the fact without approval.
How do you reduce unauthorized absences?
Reduce unauthorized absences by: maintaining clear attendance policies and consistent enforcement; providing adequate paid time off and flexible scheduling; addressing root causes (work-life balance, transportation, childcare); offering attendance bonuses and recognition; implementing early intervention for struggling employees; using workforce management technology; creating positive workplace culture.
