FAQ Category
Attendance & Medical Absence FAQs
Attendance policies, sick leave, medical absences, and the intersection points where attendance management creates legal risk.
Last updated: July 03, 2026 • 8 answers in this category
- Can a Texas employer discipline an employee for no-call/no-show if they later say it was medical?
- Can a Texas employer require details when an employee says they missed work for personal reasons?
- Can a Texas employer write up an employee who keeps calling in sick?
- How long does a Texas employer have to hold a job for an employee with repeated absences?
- What should a Texas employer do when an employee brings a doctor note after multiple absences?
- What should a Texas employer do when an employee refuses to provide a doctor note?
- What should a Texas small business do when an employee keeps calling in sick without details?
- When does an attendance problem become a leave or accommodation issue for Texas employers?
When an attendance problem stops being an attendance problem
Controlling authority: DOL Fact Sheet #28 and EEOC ADA accommodation guidance. Texas has no paid sick leave mandate, so attendance obligations come from your own policy plus the FMLA and ADA.
Employer actions the DOL names as violations
| Action | Why it is a violation |
|---|---|
| Assessing negative attendance points for FMLA leave | Named expressly by the DOL. A no-fault attendance system that does not exclude FMLA absences generates violations automatically, on every absence, without anyone deciding anything. |
| Writing an employee up for missing work while using FMLA leave | The absence is protected; the write-up is the adverse action. |
| Denying a bonus the employee had already qualified for before taking leave | The entitlement predates the leave. |
| Changing the number of shifts assigned after leave | Restoration must be to the same or an equivalent position, including hours. |
| Moving the employee outside their normal commuting area | An equivalent position includes geography. |
| Denying a promotion because the employee used FMLA leave | Use of leave cannot be a negative factor in any employment decision. |
| Failing to designate leave as FMLA | FMLA runs whether or not the employer designates it. Failing to designate usually means the leave was consumed without the employer getting the benefit of the entitlement. |
Free tool
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