Working World

I’ve been scolded via email several times for coming into work late. However, my boss doesn’t raise an eyebrow when my co-worker is regularly tardy. I know she has a child with a serious medical issue, but is this legal? Can I be fired for coming in late?

Of course you can be fired for being late! Most people in California are employed “at will.” This means they can quit or the employer can terminate them with or without cause at any time by simply giving notice. Even if cause is required, being consistently late is usually good cause for termination.

In limited circumstances, an employer may be required to permit an employee to arrive late as a reasonable accommodation for a disability. For example, if an employee needs to arrive late because his medication makes him sick in the morning, the employer may be required to permit this employee to arrive late without adverse consequences. Whether the accommodation for such tardiness would be reasonable depends on the job. If attendance at work during specified hours is an essential function of the job, then the employer may be able to insist on such attendance. 

For many jobs, attendance during specified hours is an essential function of the job. Your presence is required to meet the employer’s needs. Other jobs may permit more flexibility in hours. Assuming that attendance during specified hours is not an essential function of a job, an employer may be required to permit an employee to work a modified schedule so long as this would not impose an undue hardship on the employer. 

In addition, under the California Family Rights Act, employers with 50 or more employees may be required to permit an employee to take intermittent time off for the care and treatment of their own, a family member’s or domestic partner’s serious health condition. This may explain why your co-worker is permitted to be late on occasion. 

Of course, the employer must treat all similarly situated employees the same as to discipline for tardiness and the like, regardless of race, creed, gender, sexual orientation and other protected classifications.  

Amy Semmel is a partner with the firm Donfeld, Kelley & Rollman, where her practice focuses on employment law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.