Taking FMLA Leave Does Not Affect Employee’s Obligations Under Non-FMLA Attendance Policies

Employment termination during an employee's leave under the Family and Medical Leave Act (FMLA) may constitute "interference" with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company's policies regarding absences, even if those absences occur during a protected FMLA leave. A recent decision by the 3d U.S. Circuit Court of Appeals reminds us that the FMLA is not a law that can remedy an employee's failure to follow a company's sick leave policies. Pellegrino v. Communications Workers of America, AFL-CIO, CLC, 3d Cir., No.11-2639, April 19, 2012.

Denise Pellegrino began her employment with the Communications Workers of America (CWA) in 2005. In 2006, the CWA revised its Sickness & Absenteeism Policy to require employees on paid sick leave to "remain in the immediate vicinity of their home during the period of such a leave," unless permission was obtained in writing prior to such