ILNews

Judges affirm employer's attendance policy is unreasonable

Back to TopCommentsE-mailPrintBookmark and Share

A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.

Employer P.M.T. argued that it had just cause to terminate L.A. because she knowingly violated the attendance policy by taking more than seven absences in a year. Employees are allowed seven absences in a 12-month period, and if an employee accumulates more, he or she will be fired. The policy only allows for jury duty as an excused absence. If a person is out for multiple days due to illness, a doctor’s note will reduce the period to just one day. The policy doesn’t provide exemptions for verified emergencies, and if someone wants to take time off, it must be scheduled two weeks in advance.

L.A. worked for the company for five years and had requested leave through the Family Medical Leave Act to take care of her terminally ill husband. She had two emergency absences – one due to her own health and one that dealt with her husband – that caused her to miss work and put her over the maximum allowed absences, so P.M.T. fired her.

She applied for unemployment and was ultimately awarded those benefits. An administrative law judge found P.M.T.’s attendance policy was unreasonable as a matter of law and the company failed to sufficiently maintain records showing L.A. knowingly violated the policy. The Review Board of the Indiana Department of Workforce Development agreed.

In P.M.T., Inc. v. Review Board of the Indiana Dept. of Workforce Development and L.A., No. 93A02-1105-EX-389, the Court of Appeals also found P.M.T.’s policy to be unreasonable based on the lack of exemptions for both extended personal illness and verified emergencies. The court found that the policy in place doesn’t protect its employees as is required by Jeffboat Inc. v. Rev. Board of Ind. Emp’t Sec. Div., 464 N.E.2d 377, 380 (Ind. Ct. App. 1984). The policy doesn’t protect employees with legitimate reasons for an absence and is contrary to the stated intention of the Legislature to “provide for payment of benefits to persons unemployed through no fault of their own,” wrote Judge Nancy Vaidik, citing Indiana Code 22-4-1-1.

The appellate court also found that L.A.’s absences that resulted in her termination were a result of circumstances beyond her control.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT