Walmart's Attendance Points System Explained: Your Rights When Absences Are Protected (USA)

Walmart’s points-based attendance system is designed to track absences, tardiness, and early departures for hourly associates. While the company claims the system is applied uniformly, in practice it has created significant legal challenges and hardship for many workers—especially when the automated process fails to account for legally protected absences.

How the Points System Works

Every time you miss work, arrive late, or leave early without approved time off, you accumulate points. If you reach five points within a rolling six-month period, you may be terminated. This system is largely automated: when you clock in late or miss a shift, points are typically added to your record automatically, regardless of the reason.

Typical point values:

• Full absence (no call, no show): 1 point

• Calling in sick or absent: 0.5 to 1 point (varies)

• Arriving late or leaving early: 0.5 point

• Missing part of a shift: Partial points based on time missed

Absences that should NOT earn points:

• Approved FMLA leave

• ADA-related absences (disability accommodations)

• State-mandated sick leave

• Jury duty (in most states)

• Voting (in states with such laws)

• COVID-19 related absences (under certain conditions)

• PTO/PPTO (when properly requested and approved)

• Approved leaves of absence (medical, personal, etc.)

The distinction between what should and shouldn’t earn points often comes down to whether the absence was properly entered into Walmart’s system—a frequent source of problems.

Legally Protected Absences

Federal and state laws protect your right to take certain types of leave without penalty. If you’re terminated for accumulating points on protected absences, you may have a wrongful termination claim.

Federal protections:

• FMLA: Up to 12 weeks of unpaid, job-protected leave for your own or a family member’s serious health condition, birth/adoption, or qualifying military leave. FMLA absences cannot legally count toward attendance points.

• ADA: Time off as a reasonable accommodation for a disability should not result in points.

• Pregnancy Discrimination Act: Pregnancy-related absences must be treated the same as other medical absences.

State and local protections:
Many states (e.g., California, New York, Washington) have additional laws covering paid sick leave, family leave, pregnancy disability leave, and more. These often provide broader protections than federal law.

Why the Automated System Fails

Walmart’s automated system often fails to account for the nuances of protected leave:

• Approved leave not entered correctly by managers

• Delays in processing FMLA paperwork

• Intermittent FMLA or ADA accommodations not coded properly

• State law protections not programmed into the system

Common pattern:
A worker gets approval for leave, but the system isn’t updated. Points are added, the worker hits the five-point threshold, and termination follows—sometimes even after HR acknowledges the error.

Recent Lawsuits: What Went Wrong

Cases like those of David Wagner and Larreon Murphy in California show the system’s flaws:

• Workers had legitimate, protected reasons for absences (COVID-19, childcare, etc.)

• Managers verbally approved time off, but the system wasn’t updated

• Workers were terminated after reaching the point threshold

• Even when errors were acknowledged, they often weren’t corrected

These lawsuits allege that Walmart’s national policy doesn’t adequately account for state-specific protections, especially in states like California and New York.

How to Protect Yourself: Documentation and Communication

Before taking leave:

• Request approval in writing (email or Walmart’s internal system)

• Get confirmation that your leave is entered into the attendance system

• Keep copies of all medical documentation and FMLA/ADA paperwork

• Know your PPTO balance and use it strategically

During leave:

• Follow Walmart’s call-in procedures and document each call

• Keep a personal log of absences, reasons, and notifications

• Regularly check your attendance record for errors

If you see incorrect points:

• Report the error immediately in writing to your manager and HR

• Escalate if necessary and document all responses

If You’re Terminated for Points on Protected Absences

Immediate steps:

• Request your personnel file and attendance records

• Document all absences, approvals, and communications

• Don’t sign any separation agreement without understanding your rights

Filing complaints:

• EEOC: For discrimination-related terminations (disability, pregnancy, etc.), file within 180 days (300 days in some states)

• State labor agency: Many states have their own complaint process

• Department of Labor: For FMLA violations

• Private lawsuit: Consult an employment attorney—many offer free consultations and work on contingency

Time limits are strict—don’t delay.

State-by-State Differences

Employment law varies widely:

• California: Strong paid sick leave, family leave, and anti-retaliation protections; longer statute of limitations

• New York: Paid sick leave, paid family leave, strong retaliation protections

• Texas/Florida: Fewer state protections; federal law still applies

If you work in a state with stronger protections, Walmart’s national policy may not fully protect your rights.

Using Caira to Understand Attendance Policies and Termination Letters

Caira can help you:

• Analyze Walmart’s attendance policy and your termination letter

• Review FMLA/ADA paperwork and identify legal issues

• Compare your situation to legal standards for protected leave

• Prepare questions for HR or an attorney

Upload documents such as:

• Attendance policy

• Termination letter

• Absence correspondence

• FMLA/ADA paperwork

Ask questions like:

• “Should my FMLA absences have counted as points?”

• “What are my rights under my state’s law?”

• “Does this termination letter indicate I was fired for attendance points?”

Review Checks Before Accepting Termination

• Do I have written approval for absences that were counted as points?

• Did I follow proper call-in procedures?

• Do I have medical documentation for health-related absences?

• Were any absences covered by FMLA, ADA, or state law?

• Was my approved leave properly entered into the system?

• Did I report errors and document responses?

• Have I requested my personnel file?

• Am I within the time limits for filing complaints?

If you answered “no” to any of these, you may have grounds for a wrongful termination claim.

Walmart’s automated attendance system is not infallible, and legal protections exist for workers whose protected absences are wrongly penalized. Document everything, act quickly, and seek help if you believe your rights have been violated. Laws and outcomes vary by state and situation.

Caira can help. She's delightful to chat to.

She helps you feel more confident and less anxious about employment law issues—whether you’re facing discipline, termination, or just want to understand your rights. Backed by 50,000 legal documents for all 50 states, Caira can:

• Answer your questions instantly 24/7.

• Review and explain emails, policies, or termination letters

• Draft statements or responses for HR or agencies

• Give feedback on your filled-in forms or the other party’s arguments

• Analyze your uploaded documents, screenshots, or pay stubs

• Help you track deadlines and next steps for your state

Try Caira for free—no credit card required.

This information is for educational purposes and is not legal, financial, or tax advice. Outcomes vary depending on the evidence submitted and its strength. Employment law differs by state, and individual circumstances matter.