Attendance points are not a defense

Attendance policies feel objective, which is why businesses lean on them.

In California, the risk is that a neutral policy can collide with protected leave and disability accommodation obligations, and the policy can become the evidence.

The operational failure mode is simple. An employee starts missing work, the system assigns points, and the manager treats it like a routine attendance issue.

If the absences connect to protected leave or a medical condition that may require accommodation, the story changes. The question becomes whether the business paused, engaged, and handled the issue through the right process.

The pressure point is the record. If the file shows points, warnings, and discipline, but no documented accommodation steps, the timeline can look like a system that punished protected time.

If you use a points system, it may be worth building a clear pause step so protected absences do not get processed like ordinary attendance problems.

This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.

Michael Trust Law, APC, 703 Pier Avenue, Ste. B367, Hermosa Beach, CA 90254: michaeltrustlaw.com