I took FMLA for my son, and it was included in my attendance on my evaluation. The FMLA was approved and I provided them with all the information they asked for. I did not receive my merit raise and was told that attendance was the way the company was going to decide who to get rid of. Susie Peter Fritz A No Fault attendance policy is a policy where every absence, no matter what the reason, is considered in determining whether to terminate or discipline the employee. Even if the employee is absent because of an emergency non work related operation, that absence is counted under the policy.
Many policies establish minimum numbers of absences for discipline.
For example, a policy may require counseling after three absences and termination after five absences. If there is a No Fault attendance policy, the terms of such policy should be in your employee handbook. The FMLA prohibits an employer from disciplining an employee for taking FMLA leave. I have quoted some language from the commentary to the regulations advising employers that they must be careful about using absences for purposes of discipline under No Fault policies. I have also included the regulations which also contain such language.