Can FMLA leave be counted against an employee under a no fault absenteeism policy?
A. No. Since the effect of the FMLA is to legitimize a significant number of absences that otherwise would be counted, employers may be well advised to review and revise no fault absenteeism policies. An exception for approved FMLA leave should be added, and the points required for various levels of discipline adjusted downward somewhat. Employees should be receiving less points, since FMLA-qualifying absences may no longer be held against them.
Related Questions
- Under what circumstances is leave designated as FMLA leave and counted against the employee s total entitlement?
- Must the employee be in a permanent position with the State of Delaware to take family and medical leave (FMLA)?
- Can FMLA leave be counted against an employee under a no fault absenteeism policy?
