Tag Archives: Attendance

The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities

In July 2018, the Equal Employment Opportunity Commission (EEOC) announced a consent decree involving claims of disability discrimination against a metal products manufacturer.  According to the EEOC, this manufacturer violated the law when it: 1) awarded attendance points to employees regardless of the reason for absence, and 2) automatically terminated employees who did not return to work after taking extended leave. Regarding #1, the EEOC explained that this blind points system meant that employees taking leave for ADA or FMLA … Continue reading

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Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave | Tagged , , , , , | Leave a comment

Employers Beware: Your No-Fault, Points-Based Attendance Policies May Violate the Law

Under “no-fault” attendance policies, employees accumulate a set number of “points” per absence — regardless of the reason for the absence. After an employee accumulates a pre-designated number of points, the employee is usually subjected to increasing levels of discipline ending with termination. Understandably, these policies are often used by companies that cannot expend time or resources to determine the reason(s) for each absence. While the policies may seem fair and make sense from a business standpoint, they also create … Continue reading

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Posted in Leave Laws, Legal Updates | Tagged , , , , , | Leave a comment