JDSupra (04/02/2012) Kelly Schoening

Disciplining or terminating an employee who chronically is
absent, arrives late, or leaves work early is a tricky
proposition, and companies must consider a number of factors.
Companies should have a written policy that discusses absenteeism
and late arrivals. Companies must follow the policy and apply it
consistently.

If an employee meets the criteria for federal Family and Medical
Leave Act leave, the law protects the employee and his or her
job. This is the case even if the employee has not asked for or
even mentioned FMLA leave, because it is not the employee’s
obligation to do so. Instead it is the company’s obligation
in certain instances.

The need for leave or a flexible schedule can be a reasonable
accommodation under the Americans With Disabilities Act.
Employees must ask for this accommodation from the company, and
the requests must be considered.