FMLA certification critical when firing employee for attendance

How the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) interact is a frequent issue for employers and can create confusion. A recent decision from the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Arkansas and Missouri employers) provides some helpful guidance.

Facts

Tori Evans was the sole office assistant for the Cooperative Response Center's (CRC) Minnesota office. She was diagnosed with reactive arthritis, an autoimmune disease whose symptoms include gastrointestinal illness, oral lesions, and joint pains. Her physician provided medical certification to CRC for her condition and advised it she would likely need a half day off once or twice per month to attend doctor's appointments and a full day off once or twice a month to deal with recurring arthritic flare-ups.

CRC's HR department informed Evans the company had approved up to two full days and two half days of intermittent FMLA leave per month but noted any "absences above and beyond the FMLA approved frequency" would be eligible for points under the employer's no-fault attendance policy.