FMLA and 'Perfect Attendance' Days

JCInfo

We are now under FMLA and I have a question. . . in our PTO/Sick policy, an employee has the ability to earn an extra PTO day if he/she has not taken any sick leave during the quarter. Perfect attendance days are given in the month following the quarter.

Also, the way the plan is written, an employee may use all 5 sick days in any given quarter, and still be eligible to earn perfect attendance days in the other 3 quarters of the year.

For the purposes of FMLA, would you consider that an employee could continue to earn this perfect attendance day if he/she is not personally ill and/or calling out 'sick'? We run our PTO/Sick concurrently with FMLA.

I'm not inclined to even consider awarding a perfect attendance day to someone who is on FMLA, but don't want to run into problems with discrimination or anything else.

Thank you!-this is new territory for me!

LindaS

If you have a policy that deals strictly with attendance, you have to give someone out on FMLA the award as though they were at work. I believe the regulations even specify that Perfect Attendance awards are to be given to those individuals whose only time missed from work is due to FMLA. You cannot treat someone on FMLA leave any differently than someone at work.

We have Perfect Attendance awards and I have to give individuals on FMLA the award the same as if they were at work.

LarryC

Right on, Linda.

JCInfo

That was my thought, but I'm getting some resistance from upper mgmt-can you direct me to specific language within the act that I can show?

SMace

825.220

c) An employer is prohibited from discriminating against employees
or prospective employees who have used FMLA leave. For example, if an
employee on leave without pay would otherwise be entitled to full
benefits (other than health benefits), the same benefits would be
required to be provided to an employee on unpaid FMLA leave. By the same
token, employers cannot use the taking of FMLA leave as a negative
factor in employment actions, such as hiring, promotions or disciplinary
actions; nor can FMLA leave be counted under ``no fault'' attendance
policies.

LindaS

29 CFR 825.215 paragraph 2 states, "Bonuses for perfect attendance and safety do not require performance by the employee but rather contemplate the absence of occurrences. To the extent that an employee who takes FMLA leave had met all the requirements for either or both of these bonuses before FMLA leave began, the employee is entitled to continue this entitlement upon return from FMLA leave, that is, the employee may not be disqualified for the bonus(es) for the taking of FMLA leave."

Does this help?

JCInfo

Yes - thanks alot!

E Wart

I have never been in favor or "rewarding employees for being at work". Isn't that what you pay them for (to come to work)?
If you want to give them a T shirt once a year or something that is fine... but give them days off for doing their job properly???
E Wart