Understanding Absence Types, Causes & Legal Considerations

Absenteeism is more than a calendar disruption — it’s a window into your team’s engagement, well-being, and leadership environment. Leaders who understand the nuances behind absenteeism are better equipped to create a culture of accountability, support, and productivity. Let’s break down the different types of absences, the legal landscape (especially in California), and the root causes behind employee absences.

Protected vs. Unprotected Absences

Protected Absences

In California, there are at least 19 protected leave categories. When an absence falls under these, employers cannot penalize employees. Here are some of the most common:

• California Paid Sick Leave (CAPSL): Up to 40 hours/year (or more, depending on local ordinances)
• California Family Rights Act (CFRA): 12 weeks unpaid leave for eligible employees
• Pregnancy Disability Leave (PDL): Up to 4 months
• FMLA: 12 weeks unpaid leave for eligible employees
• School Activities Leave: 40 hours/year
• Domestic Violence/Sexual Assault/Stalking Leave: Time off to seek help or safety

👉 Important: Protected absences cannot be held against the employee.

Approved Unprotected Absences

These are not legally protected but have been pre-approved or accepted by management. Examples include:

• Vacation/PTO
• Unpaid time off for personal reasons
• Approved late arrivals or early departures

Unapproved Unprotected Absences
These are neither protected by law nor authorized by the employer. They can result in corrective action and may violate attendance policies.

How to Classify Absences the Right Way

1. Ask Why — But Don’t Ask for Diagnoses
Use broad, neutral language:
“Is your absence related to a medical issue, family care, or something that might need special leave or support?”

2. Document It
Always log employee explanations, especially if the absence might fall under a protected leave.

3. Know Your Local Laws
In California, local ordinances may offer even more generous protections than state law.

4. Consult Before Disciplining
Unsure whether an absence is protected? Don’t guess — involve HR or legal counsel first.

Common Causes of Absenteeism

Absenteeism often stems from a combination of personal, environmental, and organizational factors:

• Family Responsibilities: Childcare issues, elder care, or emergencies
• Illness or Injury: Short-term sickness, colds, back injuries
• Workplace Environment: Negative culture, poor leadership, lack of recognition
• Lifestyle Challenges: Sleep deprivation, second job, substance misuse
• Job Hunting: Sudden absenteeism often indicates disengagement or a job search

Managing absenteeism isn’t about punishing employees — it’s about understanding what’s really going on and creating a culture that supports engagement and accountability. In the next post, we’ll explore how to identify different types of absenteeism and why leadership matters.

Reach out today to learn how we can help your team grow!