Attendance, Caregiving, and Fairness on the Production Shift
A foodservice department has 30 employees on two shifts. Maria, a five-year employee with no prior discipline, has been late six times in 90 days. The attendance policy allows four occurrences in 90 days before a written warning. Maria says her 8-year-old has asthma and her morning caregiver is unreliable; she asks for a fixed 7 a.m. start instead of 6 a.m. The supervisor denied the request because the trayline starts at 6 a.m. Derek, another employee, has three lates and received only a verbal warning; he tells coworkers the supervisor is playing favorites. The union contract requires progressive discipline: verbal, written, suspension, termination. The manager wants to terminate Maria now. The department is covered by FMLA, and the facility has an employee assistance program.
1. What should the supervisor do before deciding discipline? Identify the facts, policy, and legal and ethical considerations.
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The supervisor should not terminate before investigating. First, confirm the attendance records and compare them with the policy and with how Derek and others were treated. Six lates in 90 days exceeds the four-occurrence threshold, but Maria has no prior discipline, so progressive discipline would normally start at a verbal or written warning, not termination. The manager's desire to terminate now creates a just-cause and consistency problem under the union contract.
Second, the supervisor should meet with Maria to ask why she is late and whether her child's asthma qualifies as a serious health condition under FMLA or whether an accommodation is possible. Childcare is not itself a disability, but a child's serious health condition may support FMLA leave. The supervisor should not promise an accommodation before checking eligibility and operational impact. Third, the supervisor should review whether a 7 a.m. start can be accommodated by swapping tasks, changing the shift bid, or using a temporary schedule. The decision must be documented and applied consistently. Confidential medical information should not be shared with Derek or the team.
2. Draft a plan for the conversation with Maria and the follow-up. Include accommodation options and accountability.
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Open the meeting by stating the purpose: to review attendance and find a workable path forward. Ask Maria what is happening and what schedule she needs. Review the attendance policy and the six occurrences. Explain that the 6 a.m. start is required for the trayline but explore options: a temporary 7 a.m. start with a later break or task reassignment, a shift swap with a coworker, a different position with a later start, or leave under FMLA if she is eligible. Refer her to HR and the employee assistance program. Set a clear expectation: no further unapproved lateness; if she is late, she must call according to policy.
Follow up in writing with a written warning for the attendance occurrences, not termination, unless the investigation reveals a policy exception or an accommodation is approved. Document the accommodation discussion and any schedule change. Set a 30-day review. If attendance improves, close the warning; if not, proceed to the next progressive step. The response should be firm on accountability and fair on process.
3. How would you address Derek's favoritism concern and the team's morale?
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I would not disclose Maria's medical or family information. I would tell Derek that attendance matters are handled consistently under the policy and that differences in outcome may reflect different records or steps in the process. I would show Derek the attendance policy and explain the progressive steps without discussing Maria. If Derek's three lates should have produced a verbal warning, I would correct that promptly. I would audit the last six months of attendance documentation to check consistency across shifts.
For morale, I would hold a short staff huddle on attendance expectations, scheduling, and how to request time off. I would recognize good attendance and make the schedule process transparent. If the team perceives favoritism, the fix is consistent documentation and communication, not punishment. I would also check whether the 6 a.m. start creates a recurring hardship for several employees and whether a shift-bid review is warranted.