Comp claims and absence control policy

One issue that comes up frequently in worker’s comp--retaliatory discharge cases is the so-called “absence control policy.” Absence control policy deals with the terms allowed under a company’s leave of absence policy. For example, in the State of Texas, no leave of absence may last more than six months. The law states that a worker will be separated from employment if unavailable for work six months in a twelve-month period or nine months in an eighteen-month period.  Essentially, this policy is in place to protect companies in the event that a worker misses so much time from the job that their work is just not getting done.

This policy is not iron clad as there are exceptions including military duty, jury duty, voting and job-related medical examinations.

Where this issue comes up is often when an injured employee is out of work for an extended period of time and files a comp claim. Sometimes the court rules that he or she was terminated in retaliation for filing the claim. Sometimes, however, courts say that the claim was irrelevant in the decision to terminate employment.

There are a number of rulings under Chapter 451 of the Texas Workers’ Compensation Act.

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