Can I deny?

LindaS

In a previous post I referred to the WI state FMLA law which allows an employee intermittent leave for the birth of a child to be used intermittently for the first 16 weeks of the birth.

As I stated in my previous post, the EE has scheduled every Friday off for this use. In my approval letter to him he was informed that any FMLA time taken for this reason must be scheduled in advance and that "last minute" notices would not be accepted. In addition, a couple of weeks ago this EE came in on Monday and told his supervisor that he would be taking 1/2 day off for FMLA. I told him at that point that he would not be granted FMLA leave at a last minute notice as the reason for his FMLA leave was something that he knew of ahead of time and needed to be scheduled.

This AM he called in and informed his supervisor that he would not be in due to FMLA. The supervior did not grant him the "okay" to be off but merely noted his absence.

Since this was not a scheduled day off for him can I deny his request for leave today?

Don D

Intermittent leave, at least under the FML Act must be approved by the employer. Knowing nothing about WI state law, I can't imagine that it would allow the employee to call in with no notice unless there were a medical emergency. I would suggest you challenge this employee. She is being totally unreasonable and, I as I mentioned on your other thread, she is intent on milking the entitlement to suit her own ends. All she wants is extended weekends. It's time she learns who runs the company.

Mentel

Yes, deny the leave. I have checked the Wisconsin regs and he must give notice unless it is an emergency. He must give you as much notice as you require for other absenses. If you require a two week notice for vacation, then you can require a two week notice for WFMLA as well. You have already approved the every Friday off and he is still calling in for more??? Maybe he is overpaid if he can afford to live on 3 or 3 1/2 days of pay per week!