Legal Question in Medical Leave in Wisconsin
No fault attendance policy
My employer has a no fault attendance policy that has no wording of the FMLA in it and it states Doctors slips are not a reason to miss work.Do they have to include the FMLA in there policy that they hand out to employes.Its over 60 emoloyees.
Asked on 1/11/07, 3:22 am
1 Answer from Attorneys
James R. Becker, Jr.
Becker Law Firm
Re: No fault attendance policy
Your employer is covered by the FMLA and so the no-fault attendance policy may, in its implementation, violate the FMLA. It is important to note that simply having a policy that may violate the law is not a violation. The violation occurs when the employer actually uses the attendance policy to take some sort of disciplinary or punitive action against an employee for taking FMLA protected leave.
Answered on 1/11/07, 10:55 am
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