No-fault attendance alert: Think twice before firing FMLA-eligible employee — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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No-fault attendance alert: Think twice before firing FMLA-eligible employee

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in Firing,FMLA Guidelines,Human Resources,Leaders & Managers,Management Training

Employers can use no-fault attendance policies as a way to control absenteeism. There’s no doubt about the effectiveness of no-fault programs, which allow a certain number of unexcused absences without any documentation, and then punish employees who go beyond allowable limits.

But before you fire an employee for breaking your absenteeism rules, carefully consider whether he is eligible for FMLA leave. It’s especially risky to terminate an employee who recently requested FMLA leave, unless you have a solid reason that’s unrelated to FMLA leave.

Recent case: John Plitsas worked for FedEx as a mechanic until he was fired for allegedly lying about a medical appointment. Plitsas sued and argued that the discharge reason was just a pretext for denying him his right to take FMLA leave for a serious health condition.

Here’s how Plitsas found himself terminated: FedEx has a no-fault attendance policy that allows managers to terminat...(register to read more)

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