Employer's attendance policy outweighs former employee's ADA, FMLA claims

Regular attendance at the worksite can be an essential job function, the 8th Circuit recently reminded employers, upholding the termination of an employee who had violated the employer's attendance policy. As a result, the former employee can no longer pursue her Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA) claims.

Background

Cooperative Response Center (CRC) services electric utilities and monitors security and medical alarms throughout the country. In 2004, it hired Tori Evans, and she became the sole office assistant at the firm's Austin, Minnesota, office in 2012. In March 2017, she was fired for violating the company's "no-fault" attendance policy.

Under CRC's policy, regular attendance is deemed an "essential job function" for all employees. Unauthorized and unexcused absences that aren't eligible for FMLA leave generate "points," which progressively lead from verbal warnings up to termination (if an employee receives 10 points in a rolling 12-month period).

In April 2016, Evans was diagnosed with reactive arthritis, an autoimmune disease with symptoms including gastrointestinal illness, oral lesions, and joint pains. Her doctor advised CRC she would need a half day off once or twice per month to attend medical appointments and a full day off once or twice per month to deal with recurring arthritic flare-ups.

CRC approved Evans for up to two full days and two half days of intermittent FMLA leave per month. The company advised, however, "absences above and beyond the FMLA approved frequency" would be eligible for points.