fmla and attendance policies

[barbara]

I am currently allowed to take fmla leave at my employment because my mother is ill.My employer has a point policy on attendance and is not currently giving me pionts for any time off.But if i take any time off in a month for fmla they willnot take a point off.For every month of perfect attendance one point is removed from your record.My problem is a month doesnot go by without having to take my mother to a physician.They will not remove any points or give me any is this discrimination?If i cant remove any points i get for other reasons eventually i will not recieve a raise or will get fired can this be ?

 

[Simon]

I'm sorry to hear about your situation. In general, employers do not have to give special treatment to employees who have difficult personal situations. I don't think there is much legally that you can do to improve your situation. Perhaps you should talk to your boss and work out a way to be productive at work and be able to care for your mother. Good luck.

 

[Maggie]

I don't think Simon's answer to your ques. was adequate. The FMLA policy is written that employees on an FMLA are treated the same as though they were actively at work, i.e. eligible for pay increases, bonuses, etc. The law also dictates that employees on FMLA are not penalized for time missed from work for an eligible FMLA circumstance. Push the issue with your HR Director.

 

[lawguy]

yeah, I'm with Maggie...

under the fmla, employers cannot count a fmla absence against you under any kind of "perfect attendance" system. fmla leave is not an unexcused absence, it's a federal right you have to care for your family as well as to keep your job without being denied benefits.

basically, fmla absences cannot be counted as any "point" against you in an attendance-based benefit system.