News & Analysis as of

Medical Leave Attendance

Jaburg Wilk

Your Attendance Policy May Be a Ticking Time Bomb

Jaburg Wilk on

The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more

Fisher Phillips

What Can A Hospitality Employer Learn From A Meat Packing Plant’s Alleged Butchering Of Their COVID-19 Response? A 4-Step Action...

Fisher Phillips on

A meat packing plant is under the knife after a former employee filed a class action lawsuit filed against it in a California federal court alleging the company encouraged its employees infected with COVID-19 to work,...more

Ballard Spahr LLP

Frequently Asked Questions: Coronavirus (COVID-19) and the Workplace

Ballard Spahr LLP on

The World Health Organization (WHO) recently designated Coronavirus (COVID-19) as a global pandemic. Leaders in the international health community are taking action to prevent the spread of COVID-19 and contain the outbreak....more

Foley & Lardner LLP

No-Fault Attendance Policy Creates "Fault" for Employer Under FMLA

Foley & Lardner LLP on

“No-fault” attendance policies are common in many industries, especially those involving union settings. These policies do not require employees to justify an absence by presenting a doctor’s note or other equivalent...more

Barnea Jaffa Lande & Co.

The Court Rules that A Short Absence from Work without Permission Does not Constitute Resignation

Barnea Jaffa Lande & Co. on

From time to time we are asked what to do in instances where employees are absent from work without permission, and whether such absence constitutes abandonment of the job, and thus – resignation. In a recent judgment it was...more

FordHarrison

Waiting On Dorian: HR Tips for Dealing With Employees Who Can’t Seem to Show Up On Time, or at All

FordHarrison on

Waiting on Dorian to arrive or to skip Florida altogether got me thinking about the HR challenges of dealing with employees who can’t seem to show up on time—or at all.  Managing employee attendance problems and preparing for...more

Parker Poe Adams & Bernstein LLP

Perfect Attendance Benefits Interfered With FMLA Rights

Under the Family and Medical Leave Act, employers cannot penalize employees for use of FMLA leave. Earlier this month, the Sixth Circuit Court of Appeals found that an employer’s resetting of a perfect attendance program...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Franczek P.C.

FMLA FAQ: If an Employee Racks Up Both FMLA and Unexcused Absences, Can He Be Terminated?

Franczek P.C. on

Here’s a puzzle for you. How would you handle it? Mary Beth is a nurse for a local hospital and has been diagnosed with cancer and asthma. 1. She is certified for FMLA leave for her cancer and asthma; 2. She incurs...more

Baker Donelson

Faulty Issues With No Fault Attendance Policies

Baker Donelson on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

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