Is an employee required to follow an employer’s normal call-in procedures when taking FMLA leave?
Yes. Under the current and proposed regulations an employee may be required to comply with an employer’s call-in procedures, except those that have a more stringent timing requirement than the regulations impose and those that require advance written notice when the leave is due to a medical emergency. The proposed regulations make clear that, if the employee fails to properly follow the procedures, he or she may have the FMLA leave request delayed or denied and may be subject to whatever discipline the employer’s 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 employer’s absence call-in procedure to timely notify his employer about his need for leave. Sam has provided his employer with appropriate notice.
Related Questions
- If an employer fails to tell an employee that leave has been designated as FMLA leave, can the employer count the leave against the employees FMLA leave entitlement?
- Is an employee required to follow an employers normal call-in procedures when taking FMLA leave?
- Is an employee required to follow an employer’s normal call-in procedures when taking FMLA leave?
