"No-fault" attendance policies that result in an employee being disciplined or terminated for FMLA-protected absences are essentially illegal because employees cannot be punished for FMLA-protected activity. One important issue in FMLA leave cases is documentation. Make sure you get FMLA documentation from your doctor and submit it to your employer immediately. Otherwise, your employer might say later on that they did not know your leave was protected. This is especially true if you have many absences, some FMLA-protected and some that are not.

(Reviewed 9-08)