Daily Document Update: HR Compliance Library, ¶46,312, Employer’s nofault point reduction scheme may have interfered with employee’s right to take FMLA leave - FEDERAL NEWS, (Aug. 23, 2019)

摘要

A jury could find that an employer’s "Attendance Point Reduction Schedule," which treated paid time off for vacation, bereavement, jury duty, military duty, union leave, and holidays as days "worked" toward a 30-day perfect-attendance requirement for point reduction purposes, but did not count FMLA or other types of unpaid leave in the same manner, interfered with the FMLA rights of an employee discharged under the employer’s no-fault attendance policy, the Sixth Circuit U.S. Court of Appeals has ruled. Reversing the grant of summary judgment against the employee’s FMLA interference claim, the court observed that the employee was prejudiced by the policy because his ability to remain employed hinged on his not taking FMLA leave.