Help - FML Court Rulings/Precedence?

HRinVA

The FML regs state that an employer can require an employee to report on his/her status and intent to return to work. Do you know of any examples where an employee was terminated for failure to contact the employer?

stilldazed

Search some of the HR Hero Law Letter sources. I found the following at a single attempt, may not be exactly what you're looking for, but it could be a start:

David J. Middlebrooks, Albert L. Vreeland, II, Editors
Lehr Middlebrooks & Vreeland, P.C.

Vol. 17, No. 2
July 2006

FAMILY AND MEDICAL LEAVE
Medical leave and the noncompliant employee

Earl

We had an employee a couple of years ago who took time off for back surgery. Was out on FMLA and gave us a couple of progress reports and information from his doctor concerning his expected return date. But, for some reason the employee stopped responding and keeping in touch with us. His doctor would not release him to come back to work but he wouldn't keep in touch with us after that. We sent a letter stating he abandoned his job and was termed.

HRinVA

Thanks. We are dealing with a situation where an employee failed to return from FML. He called in on the day he was supposed to return to work and the day after that. But then he never submitted additional FML certification and did not contact us - except once, to say he was going to rtw but then didn't. We terminated him after the 15 day deadline passed.

He submitted the FML certification a month AFTER he was fired, indicating a chronic condition - although his doctor had released him f/t full duty (the release was dated after the FML certification).

We are defending the termination in an internal hearing process and plan to argue that the 2nd period of absence was not FML b/c certification was not submitted, and that he did not follow our attendance policies requiring him to keep us informed of his status and intent to rtw.

I believe we have met all the employer obligations under FML:

- Posted Notice (posters)
- Written Notice (Employer Response) - included requirement for medical certification and the consequences of failing to provide certification - we also gave verbal notice.
- We have a FML Policy


Have I missed anything?