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Attendance Policy Pitfalls: How to Avoid the Legal Risks of No-Fault Attendance Policies - On-Demand

Attendance Policy Pitfalls: How to Avoid the Legal Risks of No-Fault Attendance Policies - On-Demand

Product Code: YEWA121118D

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Attendance Policy Pitfalls: How to Avoid the Legal Risks of No-Fault Attendance Policies - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Learn how to avoid legal pitfalls when drafting and enforcing attendance policies so you don’t violate FMLA or other laws.


No-fault attendance policies provide a way for employers to track employees’ absences or tardiness and assess points for such incidents. But, these policies could land your organization in legal trouble if certain state and federal laws supersede them.

For instance, an employee on Family and Medical Leave Act (FMLA) leave should not be considered absent or receive absentee points under your attendance policy. The points an employee may have accrued for absences or tardiness will remain frozen while the person is on protected leave. However, the person on FMLA leave also should not benefit more than anyone else just by the fact they were on leave (in other words, points they accrued will not be dropped).

And, a recently issued opinion letter by the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) expressed concerns about whether an employee on FMLA leave would have points on record longer than an employee who is not on FMLA leave.

So, what can you do to minimize the risk of liability stemming from no-fault attendance policies?

Join us on December 11 for an all-new webinar on how to review and draft an attendance policy that shouldn’t raise eyebrows with the DOL or the WHD and avoid any possible legal pitfalls that could ensue. You’ll learn how to avoid tripping up under FMLA and other laws that may supersede your attendance policies.

Plus, you’ll learn how to: 

  • Draft no-fault attendance policies to track absenteeism and tardiness
  • Figure out how FMLA and other protected leave laws intersect with attendance policies
  • Deconstruct the recent DOL/WHD opinion letter on attendance policies and FMLA
  • Ensure that your attendance policies comply with state and federal laws around FMLA and other protected leave
  • Tell which types of leave besides FMLA leave should not be subject to attendance points
  • Apply the term “active service” for purposes of evaluating points connected to absences
  • Address noncontinuous FMLA leave situations with no-fault attendance leave policies
  • Ensure consistency in application of attendance policy
  • And much more!

About Your Presenter

Adam Sloustcher Adam Sloustcher, Esq.
Fisher Phillips

Adam Sloustcher is an associate at Fisher Phillips in San Diego, where he represents local, regional, and national employers in a broad range of employment disputes, including discrimination, harassment, retaliation, and wrongful termination matters. Mr. Sloustcher also represents employers in both individual and class-action lawsuits involving alleged violations of wage and hour laws, as well as claims brought under the California’s Private Attorneys General Act (PAGA). He provides day-to-day preventative counseling regarding hiring, discipline, and termination practices, leaves of absences, the interactive process and reasonable accommodations, and preparation of employment handbook and personnel policies. Mr. Sloustcher also assists employers with investigations of alleged harassment, discrimination, and other misconduct in the workplace.

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