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FMLA often throws a wrench in employers’ efforts to keep absenteeism in line. Here’s an example of an attendance policy that violated the law, according to one court:

The company tracked absences by dividing the hours employees missed by the hours they were scheduled to work. Employees were disciplined if they’d been absent for more than 4% of their scheduled hours.

Under the policy, time off for FMLA leave was not counted as an absence and not included in employees’ scheduled hours.

An employee was disciplined and later fired for repeatedly violating that attendance policy. However, that employee sued, claiming she’d have been compliant with the rule if it weren’t for a period of FMLA leave she had taken.

By the company’s calculation, her absence rate was more than 7%. But if those hours she would have worked if she didn’t take FMLA were counted, she would’ve been below 4%.

In other words, she claimed, she was being penalized for taking FMLA.

The company argued the policy was not biased against employees on medical leave, because FMLA was not factored into either part of the equation. But the court didn’t buy it.

The way the policy was set up, employees who took FMLA weren’t allowed as many non-FMLA absences as other employees. Therefore, the policy had a negative impact on employees who took leave.

If your company has questions about FMLA, please contact the Workforce Solutions, Inc HR Department