Employers must carefully navigate Family and Medical Leave Act (FMLA) pitfalls when administering attendance policies.
In an 8th Circuit case, the court affirmed that regular, reliable attendance is an essential function of a job.
A recent Connecticut Appellate Court case provides helpful reminders that regular, reliable attendance can be an essential function of many jobs; and eliminating an essential job function is not a reasonable accommodation.
The 4th Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
Recent decisions from the 2nd, 5th, and 8th Circuit Courts of Appeals exemplify the growing consensus among courts that even employees with a disability are generally required to comply with company attendance policies.