When Employees Call Out To Protest
What Employers Need to Know
Periods of political and social unrest often spill into the workplace in very practical ways. One situation employers are encountering more frequently is employees calling in sick or requesting time off in order to participate in protests or demonstrations. From an HR perspective, this is not about the cause itself. It is about attendance, leave usage, consistency, and risk management.
The first step for employers is to rely on their existing policies. Sick leave is generally intended for illness, medical appointments, or qualifying health related needs. When an employee uses sick time for a non medical purpose, that may violate policy. However, the larger risk often comes from how the employer responds. If sick time misuse is addressed in some cases but ignored in others, employers create inconsistency that can quickly turn into legal exposure. The focus should remain on whether the leave use aligns with policy, not on the employee’s personal beliefs or activities.
Employers should also be careful about probing into an employee’s reasons for an absence. Asking leading questions or making assumptions about why someone called out can cross into risky territory, particularly if political beliefs or protected activity are implicated. In some states, employees have protections related to lawful off duty conduct or political expression. In addition, certain protest activity may fall under protected concerted activity if it relates to workplace conditions. Employers do not need to approve all absences, but responses should be neutral, job related, and based on documented policy standards.
Another common issue arises when employees are transparent about their plans. An employee may request time off in advance to attend a protest. In those cases, employers should apply their time off approval process consistently. If vacation or personal time is available and operational needs allow, approving the request may be appropriate. Denying time off should be based on staffing needs or policy limitations, not disagreement with the underlying cause.
Manager behavior is often where problems escalate. Managers may feel frustrated, blindsided, or emotionally charged, particularly when absences affect operations. That is why training is critical. Managers should be instructed to avoid political commentary, avoid questioning motives, and avoid making exceptions without HR involvement. Casual remarks or inconsistent decisions can easily be misinterpreted or documented in ways that create risk later.
Ultimately, the goal is to keep the workplace functioning while minimizing exposure. Clear attendance and leave policies, regular policy reminders, and consistent enforcement are the most effective tools employers have. In situations that feel politically charged, HR’s role is to slow things down, ground decisions in policy, and ensure fairness across the organization. When employers do that well, they protect their business, their managers, and their employees, regardless of what is happening outside the workplace.
If your policies are unclear, inconsistently applied, or leaving managers unsure how to respond, Eilers HR can help. We work with employers to review attendance and leave policies, train managers, and reduce risk before issues escalate. Now is the time to ensure your HR practices are aligned, defensible, and ready for real world challenges.
