Mercer Select US - Employer's calculation of absenteeism rate violates FMLA, court says

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Employer's calculation of absenteeism rate violates FMLA, court says

An employee fired for excessive absences may go to trial on her claim that the employer's absenteeism calculation violated the Family and Medical Leave Act (FMLA), a federal district court has ruled. The employer calculated absenteeism by dividing missed work hours by scheduled work hours, excluding FMLA leave from both figures. The court found omitting FMLA leave from scheduled work hours unlawfully penalized employees using this leave by reducing the allowable hours of non-FMLA absences. The ruling reminds employers to evaluate the practical impact of absence policies for FMLA compliance. (Select News, 1 May 2009)

Full text of district court's decision in Dickinson v. St. Cloud Hospital (PDF)

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