Legal Question in Medical Leave in South Carolina

FMLA and "Perfect Attendance"

The term "perfect attendance" has no legal significance with respect to the Family Medical Leave Act or the Fair Labor Standards Act. The reference probably is to a concept applied by an employer to qualify an employee for certain benefits or entitlements, or as a means of discipline. The FMLA provides qualified employees with a right to unpaid leave, if the conditions of the Act are satisified. The employer may not qualify that right or attach conditions to it, nor may the employer penalize or discipline an employee for taking FMLA leave. Section 825.220(c) of the FMLA regulations states, in relevant part: "An employer is prohibited from discriminating against employees or prospective employees who have used FMLA leave......By the same token, employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under 'no fault' attendance policies." Accordingly, an employer policy which requires "perfedt attendance" could not be used to discipline or penalize an employee who has taken FMLA leave. You should consult an attorney to determine whether and how the particular facts of your matter are affected by the FMLA and other laws.