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Blog Post

When Taking FMLA Leave Is an Employee Required to Follow an Employer’s Normal Call-In Procedures?

12 Nov 2015
Comment are off
Richard Celler

Employer’s Normal Call-In ProceduresMany employees in the United States are potentially eligible to take unpaid, but job protected, leave for certain family and medical reasons covered under the Family and Medical Leave Act, or FMLA.

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.


LISTEN TO A QUICK STORY ABOUT AN FMLA CASE WE ARE HANDLING RIGHT NOW

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.

 

About the Author
Since 1999, Richard Celler has practiced exclusively in the are of employment law, and has handled thousands of employment related lawsuits in claims for overtime, discrimination, wrongful termination, harassment, retaliation, and on behalf of whistleblowers around the country.

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