No-call, no-show policy: One strike and you're 'out'

Citing the employer's zero-tolerance "no-call, no-show" policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical Leave Act (FMLA).

Facts

University Manor staffs and runs a nursing facility in Cleveland, Ohio. It provides respite, short-term, long-term, and hospice care for its residents. Amber Van Leer worked for the company from 2014 until October 2019. From August 2016 until her termination, she held the position of licensed nurse practitioner.

University Manor published work schedules for nurses a month in advance. For example, the October 2019 schedule was published around mid-September. The schedules were printed and put in a folder, where they were available for the nurses on each floor.

As for Van Leer's specific schedule, she worked a two-week rotation, which required her to work alternating weekends. A "W" on the schedule meant she was supposed to work, a "slash" indicated she was off, and a "V" meant she wasn't scheduled to work because she requested the day off.

Van Leer suffers from severe eczema, particularly on her hands. During a flare-up, her joints swell, and her skin becomes cracked and inflamed, sometimes becoming visibly bloody. The pain was at times so severe that she described it as 10 on a scale from zero to 10, with 10 being the most painful. When flare-ups occurred, it was difficult for Van Leer to complete at least some of her job duties.