Overview of Just Cause Termination for Absenteeism

Under Ohio law, excessive absenteeism or tardiness may provide just cause for termination that would lead to a disqualification from unemployment benefits. However, whether a termination is justified largely depends on the type of attendance policy in effect and the reasons behind the absences.

Traditional vs. No-Fault Attendance Policies

Employers typically implement one of two types of attendance policies: traditional or no-fault. Traditional attendance policies allow for supervisor discretion and categorize absences. In these policies, supervisors can assess the reasons for an absence and determine whether it should be excused. Absences resulting from circumstances beyond the employee's control—such as family emergencies or weather-related issues—may not count against the employee and may not warrant termination.

In contrast, no-fault attendance policies use a more rigid approach, often assigning points or tracking infractions for any absence, regardless of the reason. These policies treat all absences equally; whether an employee is absent due to a flat tire or a family emergency, they accumulate the same number of points. Once an employee reaches a designated threshold of points, they may face disciplinary measures or termination. A key feature of no-fault policies is that they do not consider the underlying reasons for the absences when assigning points.

It is important to note that even under no-fault policies, certain legally protected absences, such as those covered by the Family and Medical Leave Act (FMLA) or due to documented medical conditions, cannot be counted as infractions. Additionally, an employer's consistent application of their attendance policy is crucial in evaluating whether a termination meets the standard of just cause.

Medical-Related Terminations

Absenteeism resulting from a legitimate illness that has been reported to the employer does not constitute just cause for termination under Ohio law. This protection applies to absences due to the employee's own illness, but generally not to those related to their children's illnesses.

Documentation Requirements

Employees are not obligated to provide medical documentation unless a written policy mandates it or the employer specifically requests it. When medical documentation is supplied, it does not necessarily require expert testimony to validate a legitimate medical condition, as the rules of evidence are not strictly enforced in the context of unemployment compensation proceedings.

Notice Requirements

Employees should notify their employer of medical absences according to company policy. However, if an employee informs a company official—regardless of whether that person is their direct supervisor—of their absence and is not warned that this could lead to disciplinary action, a subsequent termination may be considered without just cause.

Medical-Related Resignations

When an employee resigns for medical reasons, certain criteria must be met to qualify for unemployment benefits. The employee must:

Inform the employer of their medical condition, restrictions and needed accommodations.
Give the employer a chance to address or accommodate the medical condition.
Explore alternative positions that match their physical capabilities.

An employee who resigns for health reasons without first discussing accommodations or alternative roles with their employer may be deemed to have quit without just cause, even if they were physically unable to perform their current job.

Special Considerations

Absences taken under the Family Medical Leave Act (FMLA) cannot be counted as occurrences under a no-fault attendance policy. Employers may require employees on FMLA leave to adhere to standard notice and procedural requirements, unless extenuating circumstances prevent compliance. Employers are also obligated to provide written notice outlining the specific expectations and obligations for employees taking FMLA leave.