Never count FMLA leave against employees when tallying attendance

Under the FMLA, employees who take leave for a covered reason are not supposed to be penalized for doing so. The FMLA is an entitlement statute, meaning employees who qualify for FMLA leave must receive it with no penalty. That means employers need to ensure that FMLA time off isn’t counted against the employee at evaluation time, when planning a layoff or calculating a performance bonus and so on.