Perfect attendance records in the US: Legal or Discriminatory?
I belong to a social media group where HR topics are discussed. At least once a year, usually at the beginning of fall, someone posts a question about how to incentivize people to show up for work or how to implement a perfect attendance award. This year was no exception, triggering me to write about this topic in my blog. Why this time of the year? It’s when respiratory illnesses like RSV and influenza increase as children bring home viruses from school and generously transmit them to their parents.
Perfect attendance awards and incentives are common in schools and workplaces. They aim to encourage consistent attendance and celebrate reliability. Perfect attendance awards frequently come with perks such as gift cards, public recognition, or even financial bonuses. Initially, this seems like a well-intentioned initiative that rewards commitment. However, when examined through the lens of disability rights and equity, perfect attendance awards can discriminate against individuals with disabilities and chronic illnesses, creating a system where some people are unfairly penalized for circumstances beyond their control. In addition, incentivizing perfect attendance encourages people who are sick or injured to come to work, which can have serious negative consequences on public health and workplace productivity.
The core issue with perfect attendance awards is that they fail to account for the realities faced by individuals with disabilities and chronic conditions. Disabilities and chronic illnesses often require regular medical appointments, rest days to manage health, and sudden and unexpected flare-ups. This reality makes it virtually impossible for many disabled individuals to maintain "perfect" attendance.
Say someone misses work because they got into a car accident while driving in.
Would you penalize that individual by saying they no longer have a perfect attendance record? Probably not.
So why is it OK to penalize someone with epilepsy who needs to stay home for a day after having a seizure?
For instance, people with conditions like multiple sclerosis, migraines, or asthma may experience unpredictable flare-ups that require them to take time off. In these cases, missing school or work is not a sign of irresponsibility or lack of commitment but rather a necessary step to manage their disabling condition. Unfortunately, perfect attendance programs often fail to make these distinctions, effectively penalizing individuals with disabilities and portraying them as less reliable or dedicated compared to their co-workers without disabilities.
What does the law require?
Under the Americans with Disabilities Act, schools and workplaces must provide reasonable accommodations to individuals with disabilities to ensure equal opportunities. However, offering perfect attendance awards without disability-related absence allowances contradicts the ADA. It creates an environment where people with disabilities are automatically excluded from receiving recognition or rewards simply because of their need to manage their disabilities. This can further marginalize disabled individuals, reinforcing the harmful stereotype that they are less capable or dependable due to their health conditions.
Aside from the discriminatory impact on people with disabilities, perfect attendance incentives can also have harmful effects on the general population, particularly in terms of public health. Organizations and schools encourage individuals to come in even when sick or injured by rewarding perfect attendance. This phenomenon, often called "presenteeism," can harm those around them.
Harm to the individual: Unwell individuals who attend school or work may prolong their recovery or exacerbate existing injuries. Conditions such as the flu, COVID-19, or gastrointestinal illnesses can become more severe when individuals do not take the necessary time to rest and recuperate. In some cases, this can result in long-term health complications or increased healthcare costs for the individual and employer.
Harm to coworkers: Encouraging individuals to come to work or school while sick increases the risk of spreading contagious illnesses. This is particularly concerning for co-workers with weakened immune systems, including individuals with disabilities or chronic health conditions.
Reduced Productivity: Presenteeism in workplaces has been shown to decrease employee productivity. According to a study published by the Harvard Business Review, presenteeism can cut personal workplace productivity by almost one-third. Sick employees cannot perform their tasks as effectively as when they are well. The presence of sick employees can lead to increased mistakes or slower work processes for everyone, further disrupting productivity.
Worsens Mental Health: The emphasis on perfect attendance can place undue pressure on individuals struggling with mental health issues. Conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD) often require time off for therapy, counseling, or to manage mental health symptoms. By creating a system where attendance is the primary marker of commitment or reliability, organizations and schools send the message that mental health needs are secondary to physical presence, further stigmatizing individuals who require time off for mental health care and increasing presenteeism.
What goes into an ADA-compliant perfect attendance record award?
Warning: This information is NOT intended to be taken as legal advice by any reader. If you are implementing a perfect attendance record award, go find a real lawyer in your state to review it. This is a high-level overview of the issues that must be considered ONLY.
Due to employment law protections, perfect attendance awards can be legally risky for employers. Here are some things to consider if you still want to implement a perfect attendance award:
1) Leave types: Employees who take leave for FMLA, state-based disability leave, jury duty, military reasons, and women taking breaks for breastfeeding or pregnancy-related symptoms should not be disqualified from receiving a perfect attendance award.
2) Disability accommodations: Employees who take time off related to a disability accommodation should not be disqualified from receiving a perfect attendance award.
3) Implementation Consistency: Any unprotected leave should disqualify an employee from the award.
4) Policy clarity: The organization’s handbook should outline how protected leave is treated in the context of the perfect attendance award.
5) Communication: Attendance policies must be communicated to all employees.
6) Documentation: Actions taken citing this policy should be documented.
7) Policy review: The awards should be reviewed and revised regularly to comply with the law.
Inclusive Alternatives to Perfect Attendance Awards
Some organizations adopt more inclusive practices that recognize and reward commitment and productivity in addition to or in place of attendance-based awards.
Offer awards for effort and resilience. For example, organizations could celebrate employees or students who demonstrate perseverance, creativity, or teamwork, regardless of how many days they called out. This would provide a more holistic approach to recognizing contributions, ensuring that individuals who face health challenges are still acknowledged for their work ethic and commitment.
Offer awards for growth and progress. Instead of rewarding individuals for the number of days they showed up, schools and workplaces could focus on personal and professional development. This allows employees or students to demonstrate how they have improved in their role or academic performance, regardless of how many absences they have had due to illness or disability.
Offer flexible attendance policies that support health and well-being. Offering remote work or school options or flexible deadlines can provide individuals with disabilities or chronic illnesses the support they need to succeed without being penalized for health-related absences. This approach fosters a more inclusive environment where employees and students can prioritize their health without feeling pressured to attend when unwell.
Review benefits and consider including more telehealth and in-network options for appointments outside of work hours: Telehealth offers convenient, remote access to medical professionals, allowing employees to attend appointments without making a trip to the doctor’s office. These can be especially valuable to employees who are managing chronic illnesses or disabilities that require frequent medical monitoring. In-network options outside of traditional work hours further enhance accessibility, enabling employees to attend critical appointments without forcing employees to choose between health and work commitments. These benefits promote a healthier, more productive workforce by reducing stress around scheduling medical care.
Conclusion
Perfect attendance awards may seem like a simple way to reward commitment and reliability, but they disproportionately harm employees with disabilities. These incentives create a system where health-related absences are unfairly penalized, reinforcing harmful stereotypes about people with disabilities. Additionally, these awards encourage presenteeism, which can harm both the individual and the broader employee community.
Rather than clinging to outdated practices prioritizing physical presence over well-being, schools and workplaces should adopt more inclusive policies emphasizing rewarding growth and resilience over merely “showing up.” In doing so, we can create productive and supportive environments for students and employees, ensuring everyone has an equal opportunity to succeed while mitigating risk.