Can my employer count my days out on FMLA leave as absences under an attendance policy?

No.  The FMLA makes it unlawful for an employer to count an employee's work days missed on FMLA leave under the employer's "no fault" attendance policy.

The rule is basically this: "An employer may not consider an employee’s use of FMLA leave as a negative factor in an employment action." Hite v. Vermeer Mfg. Co., 446 F.3d 858, 865 (8th Cir. 2006).

If your rights under the FMLA have been violated please contact Lexington, Kentucky FMLA lawyer Robert Abell for further information at 859-254-7076.