No-Fault Attendance Rules May Have Breached Worker’s FMLA Rights

The “no fault” attendance policy in an Ohio auto supplier’s contract with the United Auto Workers may have violated a technician’s rights, the Sixth Circuit said Aug. 8.

The collective bargaining agreement governing Jerremy Dyer’s employment with Ventra Sandusky LLC provided that employees would be terminated when they accumulated 11 or more points for unexcused absences, Judge Gilbert S. Merritt said. But a full point was deducted from an employee’s total each time he achieved “perfect attendance” for 30 straight days. Paid time off such as vacation, bereavement leave, and jury duty didn’t interrupt the 30-day count, Merritt said.

But ...