Company policy vs. FMLA

sandytennis

The company's absenteeism policy requires employees to give a two hour notice when they are ill and not coming to work. Some employees are suffering with migraine headaches which qualifies under FMLA. These employees are not calling in on the day they are missing work and then come in to work the next day. Is it okay to give them points for being in conflict with the company's absenteeism policy? If they accumulate enough points and are subject to disciplinary action up to and inlcuding being fired, will this conflict with FMLA?

marc

If the leave-qualifying situation is unforseen, the EE should notify the company as soon as possible. It is generally expected that at the very latest the company will be informed within one or two business days of the leave-qualifying event.

Even in emergencies, the EE cannot simply not show up for work. If the EE fails to notify the employer what the situation is, even after several days, the EE may be charged with that many days of unexcused absensces and be disciplined accordingly.

Migraine severity varies from person to person, but I think it rare that a migraine sufferer cannot at least make a phone call. I would discuss the situation with them and let them know they are expected to call. With voice mail capability, they can leave a message during the early onset of the headache, even if it is in the middle of the night. And usually the migraine sufferer knows when the headache is coming. Some can 'wake-up' with the headache, but are still capable of making a call. If they can get a glass of water and takes some imitrex or other medication, they can make a phone call.

All of that said, I still have not really answered your questions. I know other forumites believe they can be disciplined for not following the company's guidelines, but once you begin the process, it may ultimately lead to a termination. It is my belief that a termination or even discipline can violate the intent of the FMLA.

I bet I get some disagreement on this, but that is one of the good things about this forum - you get a variety of viewpoints.

SMace

In my opinion, FMLA does not exempt an ee from following your policy of calling in. If they do not follow your attendance policy, discipline them as you would anyone else.

Whatever

FMLA does not protect the ee who does not call in. I would follow company policy on not calling in. The ees who have intermittent FMLA (whether it's from migraine headaches to asthma etc.,)should know that they must call in whenever they will be absent. However, it must be recognized that on occasion an ee cannot call (no one in the midst of a severe asthma attack is going to call in). I have found that quite often if an ee will be out and cannot call, a relative or friend will call for them.

Rockie

I agree with everyone who said FMLA does not exempt the requirement for calling in. Otherwise, anyone on intermittent FMLA could just not show up whenever they didn't feel well.

I have migraines, but never to the point where I could not, at least, make a phone call.

Some of these folks are just pushing the envelope, I believe.