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No Call No Show Reporting

Our current No Call No show policy states that a no call no show lasting for three consectutive work days is considered voluntary resignation or job abandonment. We would like to add to the policy the following: “An employee who does not call in for their absence within 6 hours of their start time will be considered a No Call No Show”. Is there a law in Illinois that prohibits us to do so? Another person in management would like to make it even tighter and give an employee 4 hours of their start time to call in.

There is no law in Illinois that would prevent an employer from doing this. However, the employee might qualify for unemployment benefits if terminated for *no call, no show* when in fact the employee did report the absence.

Most companies would call this *not reporting properly when absent.* To some degree this is a game of semantics, but it seems a trifle dishonest for you to claim that the employee was *no call, no show* when in fact the employee did call — but it was later than you preferred.

As an employer you can set almost any standards you want for properly reporting absences. Many employers require that the employee phone before the scheduled shift, or an hour before the scheduled shift. If an employee phones later than this to report his or her absence, then the employer can discipline or terminate the employee for *not reporting properly when absent.* However, in some cases, the employee who was terminated for this reason would qualify for unemployment.

Common sense would dictate that an employee who does not come to work or communicate with the employer for 3 days has quit. The same cannot be said of the employee who calls to report an absence, but makes the call later than the employer would prefer.

(Be aware that under some unusual circumstances, the *no call, no show* rule does not apply to an employee on FMLA — as when the employee has had a stroke or head injury, and is physically unable to call.)

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This entry was posted on Friday, August 28th, 2009 at 12:48 pm and is filed under
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2 Responses to “No Call No Show Reporting”

  1. M Says:

    Question: is the 3 consecutive day for “no call/no show” a federal/State law or just best practice? Can an ER have a 1 day no call no show policy?


  2. hrlady Says:

    Hi M.
    It’s best practice. Absent a collective bargaining agreement or employment contract stating otherwise, employers are able to establish calling out and termination standards at their discretion. Of course, policies must be non-discriminatory. Just be careful with only a one day no call policy. Employees in emergency situations may not be able to call you within a day. If those employees qualify for FMLA leave, you may be in violation if you immediately terminate them.

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