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Firing for absences under no-fault policy? Check for FMLA, accommodation requests

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in Employment Law,Firing,FMLA Guidelines,Human Resources

Employees with disabilities who are also eligible for FMLA leave have limited protection from discharge if they miss work because of complications related to their disabilities. However, employers also have a legitimate right to expect workers to show up for work most of the time.

Balancing those competing rights and expectations can be difficult.

Employers that use an absenteeism point system or otherwise terminate workers for missing a set number of shifts must take care. They can’t count FMLA leave against the worker. If the employee is out of FMLA or other leave options, they must consider granting more time off as a reasonable accommodation.

Advice: Always review the entire employee file before discharging an employee for absenteeism.

Look for FMLA leave eligibility notifications, past FMLA leave requests and any ADA-related documentation, including requests for intermittent or full leave as a reasonable accommoda...(register to read more)

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