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Employee’s FMLA Request: Intermittent Leave For Late Arrivals

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An employee asked a court to rule on whether her chronic tardiness could be protected as intermittent leave under the Family and Medical Leave Act (FMLA).  "Lateness is not leave," the court said in ruling against her.

 

Background: The employee was persistently late for work, usually by only a few minutes, but sometimes up to 30 minutes.  She never asked permission to be late or explained that she needed to be late for work for any reason.  She did explain her belief that she might have lupus and that she was tardy because she was sick and depressed.  When the company offered her a transfer to a later shift, the employee refused because she did not think that the change would help her tardiness.


After the employee received a three-day suspension for being late or absent 52 times in a one-year period, she reiterated that she might have lupus, but said she was looking for a doctor to diagnose her health probl...(register to read more)

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