FMLA and attendance policy

Irie

An employee was recently approved for intermittent FMLA for morning sickness for her pregnancy. I was told by someone in her department that the employee said that now that she has been approved for FMLA she will be taking a lot of time off. Heresay I know, but I do believe the employee said this because of previous attendance issues.

Last week the employee called off three times FMLA. This week she called Monday and Tuesday FMLA. Today she is a no call/no show.

We have a point-based attendance policy and for a no call/no show the employee would get 2.5 attendance points. When I approved the FMLA I stressed several times to the employee that she is required to still follow our attendance policy even though she has been approved for FMLA.

Since she hasn't called today, would you assume this is FMLA and ding her for not calling (.50 pts.) but excuse the absence and waive the 2.0 attendance points? Or since she didn't follow the attendance policy and I don't know why she didn't call, give her the 2.5 points everyone else gets for a no call/no show? Just how far can an employer take someone not following the attendance policy? Thanks.

Still Need Coffee

Even if she's on FMLA, she still needs to follow your attendance procedures IF she was told she must do so. FMLA does not give them carte blanche to disobey the rules.

Check what your FMLA policy states, as well as any documented instructions given to the employee. FMLA does not bar you from disciplining and/or assigning penalty (in this case, points) if an employee does not comply with policy. This is all assuming, of course, that your FMLA policy is not in conflict with federal and/or state FMLA provisions.

That being said, what did her physician's certification say about frequency? You are allowed to request an updated certification if you notice the employee's absence pattern is substantially different from the physician's cert.

If it were me, I would charge her the 2.5 points, but make sure there isn't some extenuating circumstance, like she's hospitalized or something.

NaeNae55

Agree with Coffee. I would assign 2.5 points tentatively, and then give the employee a chance to explain. If her reasons for not calling in are sufficient, then back them off. If not, leave them and go forward as you normally would.

joannie

In agreement with both Nae and Coffee. They are wise women.