FMLA
BrookB
1 Post
I thought that I read that an employee does not have to contact the employer for 2 days if the employee is taking time off for FMLA. Can anyone recall reading the same thing, or if you know where I can find it, or am I confused?
Comments
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.302.htm
825.302(a) of the regulations Lays down the basic, very non-specific rule (emphasis added):
"[...] the employee shall advise the employer as soon as practicable if dates of scheduled leave change or are extended, or were initially unknown."
825.302(b) of the regulations states:
"(b) ``As soon as practicable'' means as soon as both possible and practical, taking into account all of the facts and circumstances in the
individual case. For foreseeable leave where it is not possible to give as much as 30 days notice, ``as soon as practicable'' ordinarily would
mean at least verbal notification to the employer within one or two business days of when the need for leave becomes known to the employee."
As usual, these things must be handled on a case by case basis because not all cases are equal. For example, what if the employee is single, has no liiving family members, and goes into a coma for 7 days?
As TXHRGuy pointed out, it is on a case-by-case basis. But when I originally read the thread, I was thinking in lines of someone who has already been approved for FMLA. The type of leave and other particulars would still determine what or what is not practical, but those rules should be established at the time FMLA is granted.
For example, if I am approved for FMLA starting April 1 for surgery and won't be back until April 30, then it would make sense that I would not be required to call-in on April 1st. But if I am approved for intermittent leave for something like asthma, then I should expect to follow my employer's policy which is most likely to call-in prior to the start of my shift each and everytime I am out.