Employer violated FMLA by not freezing its point reduction policy during approved FMLA leave:
Dyer v. Ventra Sandusky LLC, 934 F. 3d 472 (6th Cir.)
Employer had a no fault attendance policy in which points were assessed for absences. Once 11 or more points accumulated, the employee was terminated. The employer also had a policy where employees could reduce the number of points. For each 30 day period of perfect attendance, one point would be reduced. Vacations, bereavement, jury duty, military duty, union leave and holidays counted toward the 30 days, and the employee would not be penalized for taking those types of excused absences to accrue the 30 days resulting in a point reduction.
Employee Dyer had migraines and took approved intermittent FMLA leave. Each day he was off for approved FMLA, the 30 day period was reset to zero. He eventually accumulated 12 points under the no fault attendance policy and was terminated. He brought suit in Federal Court alleging violation of FMLA.
The Sixth Circuit Court of Appeals held that the employer’s attendance point reduction schedule violated the FMLA because it interfered with Dyer’s right to take FMLA leave ad be restored to an equivalent position, even though the taking of the FMLA did not in itself count toward the 11 point limit. The taking of the FMLA should have “frozen” the accrual of perfect attendance during the leave, as the other types of specified leave, ie vacation, bereavement, jury duty, military duty, union leave and holidays.