What Are Point Systems for Work Attendance, and Are They Legal?

Many employers use point systems to track employee attendance. These systems assign points when employees arrive late, miss work, or leave early, with discipline triggered once a certain number of points is reached. Point systems for attendance are not automatically unlawful, but they must operate within California’s extensive employee protections.

If a point system has been used to punish you for exercising your legal rights and has led to retaliation, contact our Los Angeles retaliation lawyer to discuss your options. Schedule your free consultation today.

What Is a Point-Based Attendance System?

A point-based attendance system assigns numerical values to attendance-related events. For example, an employer may assign:

• One point for arriving late
• Two points for calling out sick
• Additional points for early departures
• Termination or suspension after reaching a set point threshold

These systems are often promoted as neutral and objective. However, uniform application does not automatically make them lawful.

When Attendance Point Systems are Illegal

Attendance point systems can violate California law when they penalize employees for absences or schedule changes protected by statute. Employers may not use point systems to override legal rights. Common problem areas include:

• Assigning points for using paid sick leave.
• Penalizing employees for protected medical leave.
• Counting absences related to pregnancy or disability.
• Disciplining workers for jury duty or military leave.
• Penalizing time off taken under CFRA or FMLA.

When point systems fail to account for these protections, they may expose employers to liability. Point systems can also mask retaliation in the Los Angeles workplace. If points are enforced selectively or strictly after an employee engages in protected activity, such as reporting harassment or wage violations, that timing may raise red flags.

Retaliation does not require explicit intent. Discipline that discourages employees from exercising legal rights can violate California law.

Paid Sick Leave and Point Systems

California law allows employees to use paid sick leave without retaliation or discipline. Employers may not assign points for lawful sick leave use. Even if a policy applies points automatically, the effect matters more than the intention. If an employee is disciplined or terminated for using protected sick leave, the policy may violate the law.

Disability, Pregnancy, and Attendance Policies

Attendance point systems often conflict with disability and pregnancy protections. Absences related to a disability or pregnancy may require accommodation rather than punishment. Employers must engage in an interactive process to determine whether attendance adjustments are reasonable. 

Family and Medical Leave Protections

California Family Rights Act and the Family and Medical Leave Act protect eligible employees who take qualifying leave. Employers may not count protected leave toward attendance points. If an employee returns from protected leave and discovers they have accrued points or discipline as a result, the policy may be unlawful.

Warning Signs of an Illegal Point Systems for Work Attendance

Attendance policies seem simple, but they often intersect with multiple employment laws at once. A single point-based decision may implicate wage laws, leave protections, disability rights, and retaliation statutes. Because employers control attendance data and policy enforcement, violations can go unnoticed unless challenged. Employees should review attendance policies carefully and look for warning signs, such as:

• Points applied to sick leave or medical absences.
• No reasonable accommodation process for disabilities or pregnancy.
• Discipline triggered immediately after protected leave.
• Inconsistent enforcement across employees.

Documenting attendance records and communications can be critical when concerns arise.