6th Cir. Upholds Employer “No Call/No Show” Policy Over Claimed FMLA Violation

In Srouder v. Dana Light Axle Mfg., the 6th Circuit Court of Appeals was faced with an employer that terminated an employee for “no call/no show” after four days of absence preceding hernia surgery.  The employee argued his discharge, which occurred while he was preparing for surgery, violated his FMLA rights.  However, the 6th Circuit rejected the argument and upheld the discharge, finding an employer may discipline or discharge an employee who fails to comply with the company’s usual attendance policies, even if the employee is otherwise exercising FMLA rights.  Because the employee had notice of the employer’s no-fault attendance policy and failed to comply with the policy, his discharge was not a violation of the FMLA.  Click here to read the court’s full decision.


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