Employee fired for excessive absences after making need for FMLA leave known

The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the benefit, just that it was withheld. The employer's motives are irrelevant when determining whether interference occurred. Of course, the timing of when the need for leave is shared is critical. What happens if an employee is slow to provide an employer with any indication that she needs to take medical leave? Or, what happens when the worker waits until after the termination decision is communicated? The U.S. District Court for the District of Arizona recently addressed the question.

Setting the scene

A satellite company implemented a “point-based attendance policy” under which an employee who accumulated eight points in a 12-month period would be terminated. The policy didn’t award points for absences related to FMLA leave or disability-related accommodations.

Employees who were going to miss work or arrive late were required to contact the “attendance line.” Absences would be coded as late or tardy to calculate points under the policy. Employees who needed FMLA leave were required to request it directly from a supervisor or contact the “leaves team.” Contacting the attendance line wasn’t enough.

Points-based termination