News Notes: Extension Of Probation Period May Violate FMLA, USERRA

Under Honda of America Manufacturing Inc.’s attendance probation program, a worker who had too many unexcused absences could be terminated. Also, absences for military, family and medical, and other types of leave could prolong an employee’s probationary period by the number of days spent on the leave. Now a federal district court has ruled Honda’s policy may have violated the Family and Medical Leave Act (FMLA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) by penalizing workersfor taking leave protected by those laws. The case involved Honda production worker Marc Schmauch, who had his probationary period extended for approved military and FMLA leave time and was fired when he had an unexcused absence during the extension period.