A companys attendance policy provides that seven chargeable absences within a twelve-month period subject an employee to

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A company’s attendance policy provides that seven chargeable absences within a twelve-month period subject an employee to termination. Categories of absence considered “chargeable” include late arrivals; early departures; unexplained absences; and absences related to illness, injury, or non-qualifying personal reasons. An employee was absent due to sickness. Because this was her sixth chargeable absence in twelve months, she received a final warning for habitual absenteeism. On October 15, she reported to work, told her supervisor that she was “sick,” and left early. The supervisor did not inquire about her sickness or request medical documentation. Nevertheless, the employee submitted a form to the employer indicating that she was seen at the Comprehensive Health Center that day and should be off work from October 15 until October 19. The three days she then took off work resulted in another chargeable absence. She was subsequently terminated for excessive absenteeism. The employee, who was later diagnosed with a head tumor, sued. Did the employer violate the FMLA in enforcing its attendance policy?
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