Attendance Point Systems at Work and the Law

Disclaimer: This article is general information, not legal advice. Attendance and leave laws vary by state, by employer size, and by the facts of each absence. Check your employer’s written policy, the agency that enforces the law in question, or a qualified employment attorney before relying on it.

Your employer’s attendance point system is probably legal, but some of the points on your record might not be.

Most disputes come down to two questions: was the absence protected by law, and does the employer’s ledger match what happened on the clock? This guide walks through where the legal lines sit, then how to check your own point history.

How Attendance Point Systems Work, and Why They’re Legal

An attendance point system (or occurrence policy) puts a number on every attendance problem. A tardy might cost a fraction of a point, a call-off a full point, a no-call/no-show several. Points build up over a rolling window, often 12 months, and set totals trigger warnings and then termination.

Most of these policies are “no-fault”: the reason you missed doesn’t matter. That design is why point systems collide with laws where the reason is everything.

Target is the example in the news right now. According to Fortune and The HR Digest, Target announced a point system for store and warehouse workers starting in September 2026. As reported:

0.25 point for starting work more than 8 minutes late
1 point for missing a shift without approval
3 points for a no-call/no-show
Termination at 12 points, with points staying on record for one year

Target has said protected and accommodated leave will still be honored. Look closer at the tardy line, though. Seven minutes late costs nothing, while nine minutes late costs a quarter point, so a disputed tardy comes down to your clock-in time.

These systems are common. In 2024 Shift Project survey data, 49% of hourly service-sector workers at 63 large U.S. firms were subject to one, according to a June 2026 study in Health Affairs. Exposure was associated with an 18.9-percentage-point increase in working while sick, and state paid sick leave mandates didn’t soften that effect.

No federal law bans point systems. The Department of Labor’s position is that no-fault policies “do not necessarily violate the FMLA as long as points are not assessed for employees who are absent due to any FMLA qualifying reason.” The rest of this article is about that “as long as.”

FMLA Leave Can’t Earn a Point (and the Fine Print That Decides Disputes)

The core Family and Medical Leave Act (FMLA) rule is short. Under 29 CFR 825.220(c), employers “cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under no fault attendance policies.” DOL Fact Sheet #77B lists it as prohibited conduct.

Who’s covered

Covered employer: a private employer with 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Public agencies and public and private elementary and secondary schools are covered regardless of size.
Eligible employee: at least 12 months with the employer (not necessarily consecutive), at least 1,250 hours of service in the 12 months before leave starts, and a worksite with 50 or more employees within 75 miles.

Eligible employees get up to 12 workweeks of leave in 12 months, or 26 for military caregiver leave.

The 1,250 hours follow the Fair Labor Standards Act’s hours-worked rules, so paid leave doesn’t count. If your employer lacks accurate hours records, 29 CFR 825.110(c)(3) puts the burden on the employer to show you fell short, one more reason to keep your own. Run the three tests with the FMLA eligibility calculator, and see our guide to PTO, sick leave, and FMLA for how the leave types stack.

Intermittent leave and late arrivals

Under 29 CFR 825.205(a)(1), intermittent FMLA leave must be counted in increments no larger than the smallest one the employer uses for other leave, and never more than one hour. The rule allows shorter increments “when the employee arrives at work several minutes late,” and says employees “may not be charged FMLA leave for periods during which they are working.”

So an FMLA-qualifying late arrival is protected time, not a tardy. If a flare-up of a certified condition makes you 20 minutes late, that’s FMLA leave, and it shouldn’t carry a point.

The notice fine print

Notice is where employers push back, and most guides skip it.

“Sick” isn’t enough. Under 29 CFR 825.303(b), “Calling in ‘sick’ without providing more information will not be considered sufficient notice to trigger an employer’s obligations under the Act.” If your condition is already approved, mention the qualifying reason or the FMLA.
Follow the call-in procedure. Under 825.303(c), absent unusual circumstances, you must follow your employer’s usual call-in rules or “FMLA-protected leave may be delayed or denied.” In a medical emergency, that duty waits until you’re stable and able to use a phone.

Log every call-in: when you called, who you reached, and what you said.

Points can be frozen during FMLA leave

In Opinion Letter FMLA2018-1-A (Aug. 28, 2018), the DOL reviewed a policy that fired workers at 18 points and dropped points after 12 months of “active service.” It said the employer could freeze points during FMLA leave (nothing added, nothing dropped) “as long as employees on equivalent types of leave receive the same treatment.” But if the employer counts equivalent non-FMLA leave as active service toward roll-off and doesn’t count FMLA leave, the DOL said it may be unlawfully discriminating against workers who take FMLA leave.

That letter answered one employer’s facts, and not every employer freezes points. If yours does, your roll-off dates may land later than the calendar suggests.

A perfect-attendance bonus isn’t a point. Under 29 CFR 825.215(c)(2), an employer can withhold a “perfect attendance” bonus missed because of FMLA leave, unless it pays employees on equivalent non-FMLA leave, such as paid vacation. And a workers’ compensation absence can also be FMLA leave when the injury is a serious health condition (29 CFR 825.207(e)), which brings the no-points rule with it.

ADA, Pregnancy, Military Service, and Jury Duty

Four other sets of rules can take an absence off the table. Each has its own coverage threshold.

Disability: the ADA (employers with 15 or more employees)

The Americans with Disabilities Act (ADA) doesn’t ban point systems, but it may require an employer to bend one. The EEOC’s 2016 guidance, Employer-Provided Leave and the Americans with Disabilities Act, says leave, including intermittent leave, can be a reasonable accommodation. Unplanned-absence limits “may have to be modified as a reasonable accommodation for absences related to a disability, unless the employer can show that doing so would cause undue hardship,” and “an employer may not penalize an employee for using leave as a reasonable accommodation.”

That isn’t automatic. The ADA runs on an individualized, interactive process, so request the accommodation and keep a copy. In 2011, Verizon paid $20 million under an EEOC consent decree over “no fault” attendance plans that disciplined or fired workers without reasonable accommodation. The EEOC called it, at the time, the largest disability discrimination settlement in a single lawsuit in its history.

Pregnancy: the PWFA (employers with 15 or more employees)

The EEOC’s Pregnant Workers Fairness Act (PWFA) rule, 29 CFR Part 1636, took effect June 18, 2024. Its accommodation examples include leave to “attend health care appointments” and to recover from childbirth. The interpretive guidance says a qualified employee can’t be penalized for accommodated time off, “including through actions like the assessment of penalty points for time off.” One example describes a call-center worker allowed to arrive up to an hour late and attend appointments who still accrues points under a no-fault policy, a penalty the EEOC says may violate the PWFA.

Polaris Industries paid $55,000 in 2025 after telling a pregnant employee it would fire her “if she accumulated additional attendance points for any reason.” In July 2026, the EEOC sued the Step2 Company, alleging discipline under an attendance policy for pregnancy-related absences.

In May 2025, a federal court in Louisiana vacated the rule’s elective-abortion accommodation provisions; the attendance and leave examples weren’t part of that ruling. The EEOC has also listed a planned revision to how the rule interprets “pregnancy, childbirth, or related medical conditions.” Check eeoc.gov for the current text.

Military service: USERRA (every employer)

USERRA covers “all public and private employers in the United States, regardless of size” (20 CFR 1002.34(a)). Under 38 U.S.C. 4311, an employer can’t deny “retention in employment, promotion, or any benefit of employment” because of service. Notice can be “verbal or written” and informal, and your employer can’t make you use vacation during service. A point for a Guard drill ties discipline to service, which creates real USERRA risk for the employer. Complaints go to the DOL’s Veterans’ Employment and Training Service (VETS).

Jury duty: federal and state rules differ

Under 28 U.S.C. 1875, an employer can’t fire, threaten, intimidate, or coerce a permanent employee over jury service “in any court of the United States.” That covers federal jurors only, not state-court jurors.

State law fills the gap, and it varies:

California: Labor Code 230(a) bars discharge or discrimination for jury service if you give reasonable notice.
New York: under Judiciary Law 519, a juror who notifies the employer before the term of service “shall not, on account of absence from employment by reason of such jury service, be subject to discharge or penalty.”

Elsewhere, look up your state’s rule and give notice as soon as the summons arrives.

States That Ban Points for Protected Sick Leave

There’s no federal paid sick leave mandate for private employers, so this protection comes from state law. These 11 states have statutes that bar counting protected sick leave (in New York, any legally protected absence) under an attendance policy. It isn’t a complete list.

State	Law	What it says
New York	Labor Law § 215(1)(a), effective Feb. 19, 2023	No penalty for “any legally protected absence pursuant to federal, local, or state law,” including “any demerit, occurrence, any other point.”
California	Labor Code §§ 246.5(c), 233, 234	No discipline for using accrued sick days. A policy counting Section 233 sick leave is “a per se violation.”
Washington	RCW 49.46.210(3); WAC 296-128-770(2)	No policy “that counts the use of paid sick leave time as an absence that may lead to or result in discipline.”
Colorado	C.R.S. 8-13.3-407(2)(b)	Paid sick leave taken under the law can’t count as an absence that may lead to discipline or other retaliation.
Minnesota	Minn. Stat. 181.9447, subd. 6(b)	No “absence control policy or attendance point system” may count earned sick and safe time toward adverse action.
Arizona	A.R.S. 23-374(C)	An absence control policy can’t count earned paid sick time toward adverse action.
Oregon	ORS 653.641(3)	An absence control policy can’t count protected sick time toward adverse action.
New Jersey	N.J.S.A. 34:11D-4(a)	Earned sick leave can’t count as an absence that may lead to discipline, lost pay, or other adverse action.
Illinois	820 ILCS 192/25	Bars “counting paid leave under a no-fault attendance policy.”
Michigan	MCL 408.966(3)	Earned sick time can’t be treated “as an absence that may lead to or result in retaliatory personnel action.”
Massachusetts	M.G.L. c. 149, § 148C(h)	Earned sick time can’t be “a negative factor in any employment action.”

Minnesota’s is the only statute we found that says “attendance point system” outright. Three states need a closer look.

New York goes furthest. The law doesn’t define “legally protected absence,” but the employment firm Littler reads it to cover state, New York City, and federal statutory leave, such as FMLA and paid sick and family leave. On that reading, jury service under Judiciary Law 519 counts too. That’s an interpretation, not statutory text.

California protects only what’s banked. The state’s paid sick leave FAQ bars an “occurrence” for a valid use of accrued sick leave. But if you had 4 hours banked and missed an 8-hour shift, the FAQ says the employer may give an occurrence, or half of one, for the uncovered 4 hours.

Illinois has two wrinkles. The Illinois Department of Labor’s FAQ says that if an employer offers more than 40 hours of paid leave, “it is possible” to attach points to hours beyond 40 under a reasonable written policy. The state law also doesn’t apply to employers already covered by a local paid leave ordinance in effect when the Act took effect, so check any local rule.

Most of these laws protect leave “taken under this act.” The absence has to be for a covered reason, you need accrued leave available, and some states add notice rules. Several other states have similar protections, so check your state labor department. Our roundup of paid sick leave laws by state covers accrual, and the sick leave accrual calculator estimates what you had banked on a given date.

How to Audit Your Own Point Ledger

A point system is only as accurate as its inputs. A missed punch, an unlogged call-in, or a point that never rolled off can put you closer to termination than you really are. The four steps below check the ledger line by line.

Step 1: Get the rulebook and the ledger in writing

Email HR for two things:

The written attendance policy: point values, the tardy threshold in minutes, any grace period, the roll-off window, and how “active service” counts toward roll-off.
Your point history, with the date and reason for every point.

You can’t check the math without both, and the email leaves a dated record that you asked.

Step 2: Build your own shift record

For every date on the ledger, note your scheduled start and end, your actual clock-in and clock-out, your breaks, and any call-in (the time, who you reached, the reason you gave, and whether you mentioned FMLA or an accommodation).

A record made the same day, clocked in live, carries more weight than one pieced together weeks later. Our guides on how to track work hours and proving hours worked without a time clock cover habits that hold up.

Step 3: Match every point to a date and classify it

Most errors land in one of five buckets.

On-time shift pointed as a tardy. Compare your clock-in to the scheduled start and the policy’s minute threshold (Target’s reported rule is “more than 8 minutes late”). Watch for unannounced schedule changes, punches the clock failed to capture, and tardies calculated from a rounded punch. Our time clock rules guide covers grace periods and punch edits.
Protected absence pointed. Approved FMLA time (including late arrivals), an ADA or PWFA accommodation, state sick leave with a balance available, jury service, or military service.
Partial coverage. Under California-style rules, a point may lawfully attach to hours your sick balance didn’t cover. Check your balance for that date.
Roll-off errors. Points that should have expired, or points frozen during leave inconsistently with how other leave is treated.
Notice problems. Did you follow the call-in procedure? The employer will look here first, and a same-day log is your best answer.

Rounding is a separate question. The pay rounding rule in 29 CFR 785.48(b), including the 7-minute rule, is about counting hours for pay, not tardies. Still, ask which punch the tardy used. A 7:08 punch for a 7:00 shift is 8 minutes late, not “more than 8.” Rounded to the quarter hour, it reads 7:15. The time clock rounding calculator compares actual and rounded times.

Step 4: Recount the total

Recount with the attendance points calculator, using your employer’s own point values and removing only the points you can document as wrong. A recount built on the employer’s rules is hard to wave off.

What a reconciled ledger looks like

Take a hypothetical month under the reported Target values, for a worker in a state that bars points for protected sick leave.

Date	Scheduled	Your clock-in	Point charged	Reason given	Your evidence	Disputed?
Oct. 5	7:00 AM	6:57 AM	0.25	Tardy	Same-day clock-in at 6:57 AM	Yes: on time
Oct. 9	7:00 AM	7:10 AM	0.25	Tardy	Clock-in at 7:10 AM, no call-in	No: 10 minutes late
Oct. 14	7:00 AM	7:25 AM	0.25	Tardy	Note: called at 6:40 AM, cited approved intermittent FMLA	Yes: FMLA leave
Oct. 20	7:00 AM	Absent	1.0	Unapproved absence	Note: called at 5:45 AM, used paid sick leave, 16 hours banked	Yes: protected sick leave

The employer’s ledger shows 1.75 points. Remove the three documented errors and the total is 0.25. That’s the number for your dispute, with the evidence for each line.

Your own record supports a dispute, but it doesn’t automatically override the employer’s time system.

What to Do When a Point Is Wrong

Email your supervisor and HR. For each point, give the date, why it’s wrong (an on-time punch, or a protected reason and the law behind it), and your evidence. Ask for written confirmation of the correction and your new total. If you have a union contract, file a grievance too.

Keep it factual. “On Oct. 14, I called in at 6:40 AM and cited my approved intermittent FMLA leave” lands better than a general complaint.

Where to file if HR won’t fix it

FMLA: the DOL Wage and Hour Division at 1-866-487-9243 or online. You can also sue within 2 years of the last violation, or 3 if willful (29 CFR 825.400(b)).
ADA or PWFA: an EEOC charge, generally within 180 calendar days, or 300 where a state or local agency enforces a similar law.
State sick leave: your state labor department, such as the California Labor Commissioner, Washington L&I, Colorado CDLE, Minnesota DLI, or New York State DOL.
Military service: DOL VETS.

If you’ve already been fired over points

Get your final pay right first. See final paycheck laws by state and run the numbers with the final paycheck calculator. For unemployment, each state judges misconduct under its own standards, so file anyway.

Keep your own record going forward

The easiest dispute is one you can back up on the spot. Timeclock44 lets you clock in and out live, so each shift gets a same-day timestamp, and a per-shift note holds your call-in details. Clock-in reminders help you dodge the tardy in the first place.

Data stays on your phone with no account, so export it now and then as a PDF, CSV, or text file. Treat it as a personal record to compare against your employer’s timeclock, not proof that overrides it.

References

29 CFR 825.220: Protection for Employees Who Request Leave or Otherwise Assert FMLA Rights. The regulation barring FMLA leave from being counted under no-fault attendance policies.
DOL Fact Sheet #77B: Protection for Individuals under the FMLA. Lists counting FMLA leave under no-fault attendance policies as prohibited conduct.
29 CFR 825.110: Eligible Employee. The 12-month, 1,250-hour, and 50-within-75-miles tests, and the employer’s burden when hours records are inaccurate.
29 CFR 825.205: Increments of FMLA Leave for Intermittent or Reduced Schedule Leave. Minimum increments, including late arrivals.
29 CFR 825.303: Employee Notice Requirements for Unforeseeable FMLA Leave. Why “calling in sick” alone isn’t FMLA notice, and the call-in procedure rule.
DOL Opinion Letter FMLA2018-1-A (Aug. 28, 2018). DOL’s view on freezing attendance points during FMLA leave.
EEOC: Employer-Provided Leave and the Americans with Disabilities Act. Guidance on leave as a reasonable accommodation and modifying no-fault policies.
EEOC: Verizon to Pay $20 Million to Settle Nationwide EEOC Disability Suit. The 2011 consent decree over no-fault attendance plans.
29 CFR Part 1636: Pregnant Workers Fairness Act. The EEOC’s PWFA rule and interpretive guidance, including penalty-point examples.
EEOC: Polaris Industries to Pay $55,000 in EEOC Pregnancy Suit. A 2025 resolution involving attendance points during pregnancy.
28 U.S.C. 1875: Protection of Jurors’ Employment. The federal juror protection statute, limited to federal court service.
DOL VETS: About USERRA. Overview of service member employment rights and how to file a complaint.
New York Labor Law § 215. Bars points and demerits for any legally protected absence.
California DIR: Paid Sick Leave FAQ. Occurrences for accrued sick leave and partial coverage.
Minnesota Statutes 181.9447. Earned sick and safe time rule naming attendance point systems.
Slopen, Ballentine, Harknett, and Schneider, Health Affairs 45(6) (June 2026). Shift Project survey data on how common point systems are and their link to working sick.
Fortune (June 29, 2026): report on Target’s attendance point system. Reported point values and thresholds for Target’s September 2026 policy.

Frequently Asked Questions

Can I get an attendance point for being late because of an intermittent FMLA condition?

Not if the late arrival is FMLA-qualifying and you followed your employer's call-in rules. Under 29 CFR 825.205, FMLA time can be counted in small increments, including when you arrive at work several minutes late, and 29 CFR 825.220(c) says FMLA leave cannot be counted under no-fault attendance policies. If you skip the usual call-in procedure without unusual circumstances, your FMLA protection for that absence can be delayed or denied under 29 CFR 825.303(c).

Does a doctor's note stop an attendance point?

Not by itself under federal law. What matters is whether the absence is legally protected (FMLA leave, an ADA or PWFA accommodation, or state sick leave with accrued time available) or excused under your employer's own policy. In states like California, Washington, and New Jersey, a valid use of accrued sick leave cannot be counted against you.

Do my attendance points still roll off while I'm on FMLA leave?

Not necessarily. In Opinion Letter FMLA2018-1-A, the Department of Labor said an employer may freeze points during FMLA leave, so no points are added and none expire, as long as it treats equivalent non-FMLA leave the same way. If your employer freezes points, your roll-off dates can land later than the calendar suggests.

Can my employer give me a point for jury duty?

It depends on the court and your state. Federal law, 28 U.S.C. 1875, protects only permanent employees serving on federal juries. State-court jurors rely on state law, which varies. For example, California Labor Code 230 bars discharge or discrimination for jury service when you give reasonable notice, and New York Judiciary Law 519 bars discharge or penalty when you notify your employer before your term of service. Give notice as early as you can.

Which states ban attendance points for paid sick leave?

States with statutes that bar counting protected sick leave under an attendance policy include New York, California, Washington, Colorado, Minnesota, Arizona, Oregon, New Jersey, Illinois, Michigan, and Massachusetts. Each has its own conditions, such as having accrued leave available and using it for a covered reason. Other states may have similar rules, so check with your state labor department.

Can I lose a perfect attendance bonus because of FMLA leave?

Possibly. Under 29 CFR 825.215(c)(2), an employer can deny an attendance-based bonus you missed because of FMLA leave, unless it still pays that bonus to employees on an equivalent non-FMLA leave, such as paid vacation. A lost bonus is also different from a disciplinary point, which FMLA leave cannot trigger.

How do I dispute an attendance point I think is wrong?

Ask for the written attendance policy and your point history, then match each point to your own clock-in record and call-in notes. Dispute each wrong point in writing with the date, the reason it is wrong, and your evidence. If that fails, you can go to the DOL Wage and Hour Division for FMLA issues, the EEOC for ADA or pregnancy accommodation issues, your state labor department for sick leave, or DOL VETS for military service.

Can I be given attendance points for pregnancy-related absences?

Not for absences that are a reasonable accommodation under the Pregnant Workers Fairness Act, such as time off for prenatal appointments or recovery from childbirth, at employers with 15 or more employees. The EEOC's rule says a worker can't be penalized for accommodated time off, including through penalty points, and it uses a no-fault point system as an example of a penalty that may violate the law.