Susan Lessack

Pepper Hamilton LLP
Berwyn, PA
www.pepperlaw.com
lessacks@pepperlaw.com
(610) 640-7806

Susan K. Lessack defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

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Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call in after the start of their shifts, they’ll receive two points. What if the reason for an absence is covered by the FMLA? Should the employee still receive the two points?

A. You can require an employee who misses time for an FMLA-qualifying reason to follow your normal call-in procedures unless there are “unusual circumstances” (such as a medical emergency).

If the employee fails to follow your procedures and there are no unusual circumstances, you can delay or deny FMLA leave or penalize the employee (including docking the points), provided that employees have been made aware of your attendance policy and that you apply your attendance policy consistently.