Good news: Regular, in-person attendance is essential function for many jobs

The federal appeals court covering Ohio and Michigan (as well as Kentucky and Tennessee) recently affirmed a lower court decision in favor of an employer after finding its former employee couldn't perform her essential job functions because she was unable to maintain regular, in-person attendance.

Absent 59% of the time

Adrianne Popeck worked for the Rawlings Company as an auditor reviewing health insurance claims. Following her promotion into a management role, she was granted intermittent leave under the Family and Medical Leave Act (FMLA) for her irritable bowel syndrome (IBS).

Popeck failed to manage her team effectively, and senior management grew concerned about her excessive breaks, which suggested she wasn't leading by example. Because she was unable to manage her team's poor work habits, she was demoted back to an entry-level auditor position.

Popeck continued to use intermittent FMLA leave, exhausting her entire 12-week entitlement in less than 11 months. Rawlings granted an accommodation under the Americans with Disabilities Act (ADA) that (1) permitted her to come in late or leave early when necessary to deal with the IBS symptoms and (2) bridged the gap until she regained FMLA leave.