News & Events

Q & A

HR MATTERS NEWSLETTER April 2026

Q: An employee has a chronic attendance problem. Should we issue a three-day unpaid suspension to show them we’re serious about potentially firing them?

A: While you can suspend for attendance, we almost never recommend it. In the world of HR compliance and practical management, suspending someone for not coming to work is often “nonsensical.” Here is why:

  • Rewarding the Behavior: If the problem is that the employee doesn’t want to be at work, “punishing” them by telling them they cannot come to work is counterproductive. You are essentially giving them exactly what they’ve been taking: time away from the office.
  • The Operational Burden: Your practice is already feeling the productivity gaps caused by their absences. By suspending them, you are intentionally creating a larger hole in your schedule, further punishing your reliable team members who have to pick up the slack.
  • Not all employees can have their pay docked: Non-exempt employees could have an unpaid suspension, but docking a salaried, exempt employee’s pay for attendance is essentially not allowed under the law.

What should you do instead? Rather than a suspension, use a final written warning. This document should clearly state that their attendance has reached an unacceptable level and that any further unexcused absences or tardiness will result in immediate termination. Note: Immediate dismissal with the next infraction may not be possible, or could be risky, if their absence is protected by other laws (e.g., pregnancy, disability, jury duty, state/local sick leave).

This approach keeps the responsibility on the employee to show up and perform, rather than on you to manage a complicated (and often unhelpful) mandatory leave.