This employer thought its attendance policy complied with the FMLA. It was wrong.
Employers who employ 50 or more employees know that compliance with the provisions of the Family and Medical Leave Act (FMLA) is an exacting process, which requires close attention to the provisions of the Act and Department of Labor interpretations. A case decided earlier this month by the 6th Circuit Federal Court of Appeals, Dyer v. Ventura Sandusky, LLC, illustrates that even employers who try hard to comply can slip. Ventura Sandusky (“Ventura”) is an automotive supplier. Most of its employees are members of the United Auto Workers Local 1216, which has a Collective Bargaining Agreement (“CBA”) with Ventura. The CBA