Legal Question in Medical Leave in Vermont
FMLA and Points System
My employer has a policy that employees who take typically 12 days (12 points) off are immediately terminated. This includes any absences including medical and family reasons. If it is a continuous length of days missed it counts as one point but anything that is days missed perhaps a few times spread out count as individual points each. So a few employees are being threatened that they will be fired because of points that they had accumulated due to legitimate medical and personal reasons. I would like to know if this is legal or if it is considered ''retaliation'' or something else.
1 Answer from Attorneys
Re: FMLA and Points System
What you describe has the potential to violate the federal leave law. However, each case must be evaluated independently to determine if the application of the policy violates the law as to that individual.
The mere existence of the policy is not illegal under federal law. Only by determining its application to a specific situation can it be determined if the policy is violating the law.
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