Is an employee required to follow an employers normal call-in procedures when taking FMLA leave?
A. Yes. Under the regulations, an employee must comply with an employers call-in procedures unless unusual circumstances prevent the employee from doing so (in which case the employee must provide notice as soon as he or she can practicably do so). The regulations make clear that, if the employee fails to provide timely notice, he or she may have the FMLA leave request delayed or denied and may be subject to whatever discipline the employers rules provide. Example: Sam has a medical certification on file with his employer for his chronic serious health condition, migraine headaches. He is unable to report to work at the start of his shift due to a migraine and needs to take unforeseeable FMLA leave. He follows his employers absence call-in procedure to timely notify his employer about his need for leave. Sam has provided his employer with appropriate notice.
