Does her disability mean attendance policy goes out the window?
December 17, 2008 by Sam NarisiPosted in: Americans with Disabilities Act, Benefits Law, In this week's e-newsletter, Latest News & Views
Under the Americans with Disabilities Act, disabled employees are often granted exemptions from certain company policies. But where should employers draw the line?
The most common problem: attendance. Some courts have ruled that disabled workers should be allowed to take time off or arrive late, unless the company can prove punctuality is an essential function of the person’s job.
But does that mean those employees are free to ditch work whenever they want without consequences? No, it doesn’t, according to a recent court ruling:
An employee was left with a chronic elbow problem after an on-the-job injury. The company allowed her to take days off for treatment or flare-ups, as long as she followed the company’s policy and called her manager before the start of her shift.
At one point, she didn’t show up for three consecutive days — without calling. The company fired her, and she sued, claiming she should’ve been exempt from the policy.
The judge threw out the case. The woman offered no reason why she wasn’t able to call in before the absences. The company accommodated her medical condition by allowing her extra time off — but that didn’t mean it had to let her take leave without notification.
Cite: Bones v. Honeywell International, Inc.
Tags: ADA, Americans with Disabilities Act, attendance, policy

December 18th, 2008 at 7:03 pm
[...] Does her disability mean attendance policy goes out the window? In Disability on December 18, 2008 at 8:01 pm HR Legal News [...]
January 7th, 2009 at 11:39 am
No. They want to be treated like everyone else and equal pay for work done. Attendance is part of their job description. If for some reason they are not able to make it to work it should be treated just like a sick day or personal day off equal to everyone in the office and if abused loose their job like everyone else would.
January 7th, 2009 at 11:43 am
“…..But does that mean those employees are free to ditch work whenever they want without consequences?….” — No, that applies only to those who are taking intermittent FMLA!