can an employer hold FMLA intermittent leave against someone for a perfect attendance program, even when they have received it previously?

My employer has a "perfect attendance" program of no unscheduled absences. For several years I have met the requirements even though I have FMLA as they said it was exempt. This year they denied me the award because I was on FMLA. Is this something I might pursue?

1 answer  |  asked Mar 4, 2016 10:33 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Since January of 2009, the FMLA regulations allowed employers to deny perfect attendance bonuses to employees who were on FMLA leave without violating the FMLA, unless the employer waived absences for other reasons, like a workplace injury, for the perfect attendance award.

Your situation is a little different, in that your employer has set precedent of not treating FMLA time off as a day missed for the perfect attendance award purpose. However, that precedent does not bind the employer or prevent it from changing that practice, so long as it meets the minimum required by law.

posted by Neil Klingshirn  |  Mar 4, 2016 11:42 AM [EST]

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