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North Carolina Unemployment Attendance Rules

Well, it depends. In North Carolina, attendance issues can be tricky when it comes to qualifying for unemployment benefits. There are several factors involved and the employer is usually well versed in what those factors are. The law has changed drastically recently, modifying those factors as well.

In order to be qualified for benefits when an employee was fired, the employer has to prove to the division of employment security that the employee was fired for misconduct. Generally defined, misconduct is any behavior that the employee exhibits that is considered to be against the employer’s interest. That can be shown by proving the employee acted with willfulness or  negligence to a degree that it exhibits a substantial disregard for the employer’s interest.

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What to look for to determine if attendance problems disqualify you for unemployment

With attendance issues, the division first wants to know if the employer has a written policy. For example: Does the employer have a points system? Does the employer have a written policy that states anything over 6 absences is considered excessive? If the employer has a written policy and the employee violated that policy, then the division will look to some other factors to determine if the absences will be considered misconduct. 1. Did the employee call and notify their employer that they were going to be absent? 2. Did the employee call within a reasonable time? 3. Was the reason for the absence within the employee’s control? 4. Does the employee have documentation of their absence?

Employees who have good cause for missing work and act diligently to inform their employer of their absence can be found qualified for benefits. Therefore, it is extremely important for employees to stay in contact with their direct superiors when they are going to be out. It is also important for employees to document reasons for their absence. If the employee has a cold or flu but doesn’t go to the doctor for it, they should document that in their own records in the event their attendance becomes an issue in the future. If the employee visits the doctor (for themselves or a close family member), they should provide a doctor’s note to their supervisors and keep a copy for their records as well. If the employee has a court date or another mandatory meeting, the employee should also get proper documentation to turn into their supervisor and keep a copy. When the division sees that the employee has documentation of good cause for missing work, they will be more likely to give the employee benefits.