Can a Texas employer write up an employee who keeps calling in sick?
Only after screening whether the absences are protected. Attendance points on protected leave is a named violation.
Last updated: August 02, 2026
Direct Answer
Yes, a Texas employer can write up an employee who repeatedly calls in sick, provided the absences are not protected by law and the employer consistently applies attendance policies. The key concern for employers is ensuring fair treatment while maintaining workplace productivity and compliance with medical leave laws.
Controlling authority: Texas at-will employment, limited by Sabine Pilot Service, Inc. v. Hauck (Tex. 1985), Tex. Labor Code ch. 21, the federal anti-discrimination statutes, and NLRA section 7 — which applies in workplaces with no union.
Screen for protected leave before you write anything
In Texas, sick leave is generally an at-will employment issue unless governed by company policy or protected leave laws such as the Family and Medical Leave Act (FMLA). Employers can use disciplinary measures, including write-ups, when employees misuse sick time or have excessive absences that disrupt operations. However, it’s important to verify that absences are not covered by medical leave protections before proceeding with discipline.
From a practical standpoint, repeated sick calls often signal underlying issues that require more than disciplinary action. What I see employers miss is that attendance problems frequently reflect operational gaps such as unclear policies, untrained managers, or inconsistent enforcement. A write-up can be a tool, but it must fit within a system that supports managers in setting clear expectations and documenting patterns reliably.
| Did the employee recently… | Statute | Effect on the decision |
|---|---|---|
| Discuss pay, hours or conditions with coworkers, including online | NLRA section 7 | Protected even with no union present. Discipline here is the classic unforced error. |
| Report discrimination, harassment or safety concerns | Title VII, ch. 21, OSHA | Retaliation is an independent claim that can outlive the underlying complaint. |
| Request or use leave, or an accommodation | FMLA, ADA, PWFA | Use of leave cannot be a negative factor in any decision. |
| File a workers’ compensation claim | Tex. Labor Code ch. 451 | Statutory retaliation claim. |
| Refuse to do something criminal | Sabine Pilot | Narrow, but absolute where the refusal is the sole reason. |
| Participate in an investigation | Title VII, ch. 21 | Participation is protected independently of the outcome. |
| Threaten to sue or contact an agency | Various | The threat itself is often protected opposition. Reacting to it converts a defensible termination into a retaliation claim. |
Attendance points on protected absence is a named violation
Employers often overlook the importance of consistent documentation. When a manager writes up an employee for absences without detailed records or clear policy reference, the action can appear arbitrary or unfair. This inconsistency undermines leadership accountability and sets the stage for grievances or turnover, especially if the employee later claims protected leave or discrimination.
Another common oversight is assuming that a sick call is automatically problematic without understanding the employee’s situation or reviewing legitimate medical documentation when applicable. The risk is not usually the rule itself; it is the inconsistent process around it. Leaders should stop assuming policies capture reality and instead examine how attendance issues actually impact daily operations.
| Field | What it must say | Why |
|---|---|---|
| The behaviour | What the employee did or failed to do, in observable terms, with date and time | Moves the record off Level 1. |
| The standard | The rule, expectation or policy that applies, and where it is written | This single sentence is the Level 2 to Level 3 jump. |
| Prior notice | When the expectation was communicated, and how | Answers “nobody told me.” |
| Impact | The operational consequence — coverage, safety, cost, service | Separates a real issue from a preference. |
| The employee’s account | What they said, in their words | A one-sided record reads as a one-sided process. |
| Required change and timeline | What must happen, by when, and what happens if it does not | Makes the next step defensible. |
| Consistency note | How the same standard has been applied to others | Carries Level 4, and is the field almost nobody completes. |
Where attendance write-ups fail
Disciplining employees for frequent sick calls without a clear, consistent process can expose employers to operational disruptions and legal challenges. Watch for these common risk triggers.
- Failing to verify if absences qualify for protected leave.
- Inconsistent application of attendance policies across employees.
- Poor or missing documentation of absences and disciplinary actions.
- Ignoring employee explanations or medical certifications.
- Applying discipline without prior coaching or communication.
Run the screen, then apply the policy
Before issuing a write-up, review your attendance policies to ensure they are clear, compliant, and operationally realistic. Confirm whether the employee’s absences might be covered under the FMLA or other medical protections. Check if previous absences and any related disciplinary actions are properly documented. This groundwork protects your decision’s defensibility and supports consistent leadership accountability.
Also consider the operational impact of the employee’s absences alongside their overall performance. If patterns suggest potential disability or chronic illness, explore accommodation possibilities. Practical HR over theory means your attendance system must hold up in daily practice and withstand scrutiny while helping managers engage authentically with employees.
Puts a number on unplanned absence before you decide how to respond to it.
When absences follow a medical pattern
Seek HR guidance when absences become frequent and disruptive but the underlying reasons remain unclear or potentially protected. HR can help interpret applicable laws, review documentation, and recommend how to communicate expectations effectively. This step reduces the risk of inconsistent discipline and supports a sustainable approach to attendance management.
Additionally, get HR involved if you anticipate pushback or grievances from an employee or if managers struggle with applying policies fairly. Skilled HR support helps bridge the gap between compliance requirements and real-world operational needs, strengthening leadership accountability and preserving institutional knowledge.
Need Help Managing Attendance Challenges?
Faulkner HR Solutions partners with Texas employers to build attendance systems that work under real-world constraints. Contact us for strategy-backed, people-first guidance to improve leadership accountability and reduce liability around sick leave and absenteeism.
Contact Us TodayThis page provides general HR information for employers and is not legal advice. For legal interpretation or representation, consult qualified employment counsel.