Unfortunately, because the eligibility and procedural requirements of the FMLA can be somewhat confusing, many workers who would be covered do not take advantage of that coverage.
For example, when taking FMLA leave is an employee required to follow an employer’s normal call-in procedures?
Not knowing the answer to questions such as this can lead to a denial of benefits under the FMLA.
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The FMLA allows an eligible employee who works for a covered employer to take up to 12 weeks of unpaid, but job protected, leave for specific family and medical related reasons, including:
- The birth of a child and to care for the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement.
- To care for the employee’s spouse, child, or parent who has a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of his or her job.
The procedural requirements of the FMLA require an employee to notify an employer of his/her intention to take FMLA leave at least 30 days in advance if the need for the leave is foreseeable.
For example, if you are expecting a baby you would need to notify your employer at least 30 days prior to your due date that you plan to take FMLA leave.
When the need for leave is not foreseeable, an employee must give notice as soon as practicable under the facts and circumstances of the particular case.
For an employee who has already established a serious medical condition that qualified for FMLA leave, the employer’s regular call-in procedures must continue to be followed when the employee needs to take leave.
For example, if you have an established medical condition that requires ongoing treatment but that does allow you to continue to work, you must call in and notify your employer if you have a relapse, a change in a doctor’s appointment, or any other unexpected need to take FMLA leave.
Failing to provide notice in a timely fashion can lead to a denial or delay in FMLA leave being approved.
If you have additional questions or concerns about FMLA leave or employment law in general, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.