Having an inflexible attendance policy that doesn't account for life's unavoidable issues like illnesses or family emergencies can cause major problems for employees. If you feel your employer's attendance rules are unreasonable or are being unfairly applied to you, don't suffer in silence. There are steps you can take to try to resolve the issue.
Communicate Your Concerns Directly
The first thing to do is have a sincere discussion with your manager about your concerns. Explain how the attendance policy is negatively impacting you and provide specific examples. Maybe a child's illness caused you to be late a few times. Or a recurring medical appointment falls during your scheduled shift. Whatever the reasons, calmly explain your situation and ask if there's any way the rules could be adjusted or exceptions made in your case.
Going into the discussion prepared with potential solutions, like adjusting your start/end times or allowing remote work on occasion, can help your manager understand you're trying to work with them in good faith. The key is to frame it as you both wanting what's best for the company while also meeting your needs. With an open, collaborative approach, your manager may be willing to work with you.
Look for Flexibility in Existing Policy
If speaking directly to your manager doesn't provide any relief, take a closer look at the company attendance policy itself. See if there are any provisions that could apply to your situation. For example, many policies have exceptions for medical issues or exempt absences for jury duty or bereavement leave.
You may need to provide documentation like a doctor's note, but if the policy allows for exceptions, present your information to the manager for consideration. They still have discretion in applying the rules, but you never know—having the proper documentation may persuade them to grant an exemption.
Make a Formal Appeal
If you've had no luck working directly with your manager, make a formal appeal to HR or higher-level executives explaining how the attendance policy is detrimental and requesting an accommodation. Detail your positive work history with the company and assurances you'll continue to work hard.
Also make your case for why flexibility would benefit both you and the company, so it doesn't seem like you're only out for yourself. Provide medical documentation if relevant and have a specific request, like working from home X number of days per month. The more objective evidence you can provide to justify your request, the better.
File a Dispute
If you belong to a labor union or have an employment contract, filing an official dispute is another avenue to contest how the attendance rules are applied. A union representative could argue on your behalf that the policy is unreasonable or is not being administered fairly.
An employment contract may also spell out conditions where exceptions can be made that management is ignoring. Use the processes available in these formal structures to appeal for a more flexible arrangement. Having the weight of a union or legal contract on your side can influence the outcome in your favor.
Evaluate Retaliation Carefully
Pay close attention to how raising this issue impacts you at work. Retaliating against employees for complaining about policies is illegal. If you suddenly get passed up for promotions or desirable assignments, or your manager treats you more harshly, that could constitute retaliation.
Document any concerning changes in how you're treated after contesting the attendance rules. If you experience clear retaliation, you may have grounds for an employment lawsuit. However, proving retaliation can be difficult. So carefully weigh whether pursuing legal action seems warranted and in your best interests.
Make Personal Adjustments
If you've exhausted all formal options without success, you may need to make adjustments to ensure you don't run afoul of the attendance policy. As frustrating as it is, your employer likely has the right to set inflexible attendance rules. Here are some tips to avoid issues:
- Use sick days, vacation time, or unpaid leave for any appointments or expected absences.
- Build in extra commuting time to account for traffic or other delays.
- Arrange backup childcare plans for when regular arrangements fall through.
- Allow extra time getting ready in the morning and set multiple alarm clocks.
- Speak with a counselor if personal issues or sleep troubles are affecting your ability to arrive on time consistently.
While inconvenient, making these types of sacrifices to get to work on time shows you're committed to doing your part. It puts you in a stronger position if you need to negotiate exceptions for emergencies or special circumstances.
Explore Other Employment Options
If you simply can't adhere to your employer's attendance demands despite your best efforts, you may need to seek a company with more flexible policies. Identify positions that allow telecommuting, have shift scheduling options, or use PTO instead of strict allotments for sick/personal days.
Changing jobs is difficult, but the right opportunity with an attendance policy better suited to your needs could make a huge positive impact. Weigh the pros and cons of staying somewhere with rigid attendance rules versus finding an environment that offers more flexibility and work-life balance.
Get Legal Advice
As a last resort, consult an employment lawyer to understand whether the attendance policy may qualify as unlawful or discriminatory in some way. Certain rules have been found to unfairly impact employees with disabilities, women with childcare responsibilities, or workers with religious observances.
An attorney can review your employer's policy, examine how it's applied, and advise if you have any viable legal claims. While success is not guaranteed, it's at least worth having an expert assess the merits of your case. Some lawyers offer free initial consultations, making it easy to get their input before pursuing legal action.
Unfair attendance policies that seem impossible to comply with or bend can cause intense stress and frustration. But handling the situation professionally better positions you to negotiate for change. With patience and persistence, you may convince leadership that a more empathetic approach serves both the company and employees. If not, finding a job with an employer who shares your values on attendance rules and work-life balance may be the smartest path forward.
Choose Your Battles Wisely
As you're navigating challenging attendance policies, it's important to choose your battles wisely. Don't squander time and credibility contesting every minor issue or restriction. Focus your efforts on the most problematic areas for you personally.
For example, if working remotely once a week would provide more flexibility, then make that your priority in discussions, rather than critiquing the entire policy. Or if adjusting your start time by 30 minutes would help manage a recurring appointment, push hard for that specific change.
Prioritizing the one or two variances that would help you the most shows you're not just trying to avoid all rules. It also gives management an opportunity to feel like they're trying to accommodate you by making small, reasonable exceptions. Going overboard in your demands will likely just shut down discussions fast.
Involve a Doctor When Needed
Having a doctor's input can go a long way towards companies making exceptions to attendance policies. A letter from your physician explaining difficulties getting to work on time due to medication side effects or outlining the frequency of appointments you need may sway leadership.
Or if stress from inflexible attendance rules is aggravating a medical condition, your doctor can document how a variance would be healthy for you. Employers don't want to be liable for worsening health issues. Having the weight of a medical professional's opinion on your side lends important credibility to your request.
Keep Perspective on Priorities
While unfair attendance policies are frustrating, try to keep perspective on what matters most. If you enjoy your job responsibilities, coworkers, compensation and opportunities at the company, reminding yourself of those positives helps balance frustration over rigid rules.
Is risking your overall job satisfaction worth taking an unbending stance? There may be bigger-picture pros that make learning to live with certain restrictions the wiser course. Before escalating issues and relationships to a breaking point, reflect honestly on your priorities and whether the attendance policy alone is a deal-breaker.
Find Ways to Add Value
Rather than just being seen as combative, try to find ways to add value that enhance your bargaining power. Voluntarily taking on extra projects, helping train newer employees, and maintaining consistently strong performance gives you leverage. You want leadership to think "We don't want to lose this person over attendance issues" versus "This is a problem employee."
Go above and beyond in areas you can control so you'll be seen as someone worth making exceptions for. The more value you bring, the more motivated decision-makers will be to retain you by making reasonable accommodations.
