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Attendance Policy vs. Disability Claim

Discussion in 'Medical Leave & Disability' started by Walko, May 2, 2018.

  1. Walko

    Walko Law Topic Starter New Member

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    Jurisdiction:
    Alabama
    Company has a no fault attendance policy. Only pre-approved vacation, jury duty, military, hospitalization, FMLA, WC are excused. Employee has a prosthetic leg. Reported to work but as soon as arriving, screw came out of leg so the employee left to purchase and repair. Missed 95% of the work day. Results in an unexcused absence. Policy allows 7 unexcused before termination. This puts employee at 2. Does the ADA prevent employer from documenting the absence as unexcused?
     
  2. zddoodah

    zddoodah Well-Known Member

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    Unlikely. What you described is no different than if the employee showed up for work, got a migraine and went home.
     
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  3. mightymoose

    mightymoose Moderator

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    I don't see this as a problem either, but it does seem a bit heartless.... unless it was totally unreasonable to miss 95% of the day because of a missing screw. That does seem a little odd, but I know zip about prosthetics.

    Regardless, the documentation of the absence isn't actually any kind of disciplinary action.
     
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  4. cbg

    cbg Super Moderator

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    If a non-disabled employee who missed 95% of the day for a non-FMLA, WC, jury duty etc. reason would be given an unexcused absence, so can this employee. The purpose of the ADA is to level the playing field; not to excuse a disabled employee from any kind of adverse action in the workplace that a non-disabled employee is subject to.
     
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  5. Walko

    Walko Law Topic Starter New Member

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    Thanks! Based on cbg's answer I could compare this employees absence with someone who is required to wear prescription glasses and the glasses broke or a screw came out and they had to leave to have it repaired. Especially if they could not work due to very poor vision.
     
  6. army judge

    army judge Super Moderator

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    Unlike indentured servants and slaves during the 16th, 17th, 18th, and 19th centuries of this country; employees are free to work where their needs are best met.

    Attendance policies that are based on retribution and punishment are often put in place by heavy handed, abusive employers.

    The solution is not to fight these employer monsters, it is simply to find an employer who treats employees like the human beings they are, not as if they are farm animals or beasts of burden.

    Another option is create your own business, where you make the rules.

    I was once offered a position by an abusive attorney at a salary twice what I was earning.

    I simply said, "I'm flattered, but no thanks. I'm very happy in my current position."

    We all have choices.

    The challenge is to choose as if our lives depended on each choice, because they really do.
     
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  7. adjusterjack

    adjusterjack Super Moderator

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    Without going to the boss and saying "Look what happened Boss. I need to go get it fixed."

    Sigh.
     
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  8. mightymoose

    mightymoose Moderator

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    Yes, that would be significant too. I'm not sure if that is the case here, but a little communication on the matter could certainly go a long way.
     

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