Work Attendance Policy in Ohio: Can Your Employer Issue Points for Medical Leave

Many Ohio workers are disciplined or fired under rigid work attendance policies that issue points for medical absences, even when those absences are protected by law. Employers label these systems "no-fault", but neutrality on paper does not equal legality in practice. If your job was lost after exercising your FMLA, ADA, or sick leave rights, our Columbus FMLA lawyers and Ohio ADA attorneys are ready to fight back.

What Is a No-Fault Work Attendance Policy

A no-fault work attendance policy, sometimes called an attendance point system or occurrence-based attendance policy, assigns points or occurrences to employees for each absence or tardiness, regardless of the reason. Once a worker accumulates a set number of points over a rolling period, the employer imposes progressive discipline that often culminates in termination.

How Attendance Point Systems Typically Work

Many employee point systems may share the same structure across industries, from warehouses and call centers to nursing homes and manufacturing plants:

• A full-day absence equals a set number of points (often 1 to 3)
• A late arrival or early departure adds partial points
• Points roll off after a 6 or 12 month period
• Hitting a threshold (commonly 6 to 12 points) triggers verbal warnings, written warnings, suspension, and finally termination
• No-call/no-show absences usually carry the heaviest point value

Why Employers Use These Policies

Employers favor attendance point policies because they appear objective and easy to enforce. Supervisors do not have to evaluate the reason behind each absence, which employers believe reduces favoritism claims and improves productivity. The U.S. Equal Employment Opportunity Commission, however, has repeatedly found that this "blind" approach is precisely what makes many of these systems unlawful.

Can My Employer Give Me Points for FMLA, ADA, or Medical Absences

Federal law says your employer cannot count protected medical leave against you, even if their attendance policy treats every absence the same. If your boss is giving you points for missing work due to a real medical reason, they may be breaking the law. Three main laws protect you.

The FMLA (Family and Medical Leave Act)

Under 29 CFR 825.220, your employer cannot punish you for taking FMLA leave, and they cannot count it under a no-fault attendance policy. This covers full leave and intermittent leave.

The ADA (Americans with Disabilities Act)

If you have a disability, the ADA says your employer may have to work with you on a schedule that fits your medical needs. That means changing the attendance policy for you, giving you extra unpaid time off, or adjusting your hours, unless doing so would seriously hurt the business. Points for absences tied to your disability are not allowed.

Pregnancy and Other Protected Time Off

If you are pregnant, recovering from childbirth, or need to pump breast milk at work, those absences are protected, too. The same goes for jury duty, military service, and paid sick leave required by local law. Your employer cannot stack points against you for any of these reasons.

EEOC Enforcement: What Happens to Employers Who Break the Rules

The EEOC has gone after big companies that punished workers for medical absences, and the payouts have been huge. These cases show what Ohio employers are supposed to do, and what they often get wrong.

Mueller Industries Paid $1 Million (2018)

A metal goods company called Mueller Industries gave out points for every absence, no matter the reason. Workers who hit a 180-day leave limit got fired, even when their absences were tied to a disability. The EEOC stepped in and forced the company to pay $1 million, reinstate the workers it had fired, and revise its attendance policy.

UPS Paid $1.7 Million

UPS had a rule that automatically fired anyone still out on leave after 12 months. The EEOC said that the rule violated the ADA because it did not allow workers to ask for more time as an accommodation. UPS paid $1.7 million to settle the case.

What This Means for You

You do not need a giant class action to get justice. The same laws that forced Mueller and UPS to pay up also protects every Ohio worker, including warehouse staff, nursing home aides, and factory workers. If your employer counted your FMLA leave, your doctor's appointments, or your pregnancy time against you, those points should not be there, and your firing may have been illegal.

How to Tell If Your Work Attendance Policy Is Illegal

Not every attendance policy violates federal law. The legality depends on how the policy is written and, more importantly, how it is actually applied to medical and disability-related absences.

Warning Signs of an Unlawful Attendance Policy

• Points or occurrences are assigned for FMLA leave, even when certified.
• The policy has no exception for ADA-covered absences or reasonable accommodations.
• Employees are terminated after exceeding a fixed leave cap without an individualized review.
• Supervisors refuse to remove points after medical certification is provided.
• The handbook lists "any absence" as countable without carving out protected leave.
• Discipline accelerates after you disclose a disability, pregnancy, or serious health condition.

What a Lawful Work Attendance Policy Looks Like

A compliant employee point system clearly excludes FMLA-protected leave, ADA-covered absences, paid sick leave required by law, jury duty, military leave, and other statutorily protected time off. It also includes a documented process for requesting that points be removed when an absence qualifies for after-the-fact protection.

What to Do If You've Been Disciplined Under an Attendance Point System

If your employer has issued points, occurrences, or termination tied to medical absences, the steps you take next directly affect your ability to recover.

• Request a copy of your full attendance record and the written work attendance policy in your employee handbook.
• Gather any medical documentation, FMLA certifications, or accommodation requests you have submitted.
• Document every conversation with HR or your supervisor about your absences, including dates and witnesses.
• Save warning notices, write-ups, and termination paperwork to a personal device, not a work device.
• Note any coworkers who experienced similar discipline after medical leave, as these cases sometimes support collective claims.
• Watch for retaliation, including sudden negative reviews or schedule changes after raising concerns.

Filing a Charge: EEOC and Ohio Civil Rights Commission

Before suing under the ADA, most Ohio workers must first file a charge with the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC). The deadline for filing an EEOC charge in Ohio is 300 days from the discriminatory act, while OCRC complaints under the Ohio Civil Rights Act for employment discrimination must be filed within 2 years. FMLA interference and retaliation claims can be filed directly in court within 2 years (or 3 years for willful violations), without going through an agency first.