An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held.
6th Circuit Faults “No-Fault” Attendance Policy with Broad FMLA Benefits Interpretation
Employers must carefully navigate Family and Medical Leave Act (FMLA) pitfalls when administering attendance policies.
Employer’s Good Deed Goes Unpunished — Reliable Attendance Is Essential Function Despite Prior Accommodation of Employee’s Absences
In an 8th Circuit case, the court affirmed that regular, reliable attendance is an essential function of a job.
Connecticut Appellate Court Holds That Regular, Reliable Attendance Can Be An Essential Function
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 Reaffirms Regular, Reliable Attendance Is Essential Function of Most Jobs
The 4th Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
Appellate Courts Agree: Regular Attendance Is 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.