It can be frustrating to deal with an employee who has constant attendance problems. But if that employee has a serious health condition entitling him to, there’s really nothing you can do, no matter how inconvenient and disruptive his absences are.
Warn supervisors and managers that they can’t consider anytime off when deciding to terminate a worker.
Recent case: Dale took FMLA leave when he had a heart attack. Soon, he was back at work.
But slowly, his attendance became a problem. He would call in because of car trouble or to attend a wedding. Other times, he didn’t come to work because he was feeling ill. His supervisors were getting irritated at having to make last-minute schedule changes.
Then Dale twice took off several days in a row when his heart symptoms returned. First he was hospitalized for dehydration and then later for more heart treatment.
Then he was fired. One supervisor admitted that Dale’s last two absences were what made his attendance problems intolerable.
Dale sued, alleging interference with his right to FMLA leave.
The court said his case could go forward. It was clear, the court noted, that some of the absences that played a role in the company’s termination decision involved FMLA leave. The supervisor had admitted as much. (Covert v. The Lane Construction Co., No. 1:11-CV-1156, MD NC, 2013)
Final note: The FMLA is an entitlement. Employer inconvenience is irrelevant.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/35383/fmla-leave-inconvenient-too-bad-thats-no-excuse-for-termination "