It may be terribly annoying and very disruptive, but it is also the law: Employees eligible for are entitled to take that leave at the beginning of their scheduled shifts if they need to.
While that may make them late for work, you can’t punish that tardiness as long as the employee follows your call-in policies and the underlying reason for being late is related to leave.
Recent case: Mercy Agbejimi worked as a respiratory therapist for Advocate Health Care. Her daughter had serious medical problems that sometimes required someone to stay with her. When this happened right before Agbejimi was due at work, she had to stay home until she could get a relative or someone from her church to come over.
Agbejimi claimed she followed her employer’s call-in policies each time she was going to be late, calling the technician in charge during the current shift and notifying her supervisor that she would be late due to her daughter’s condition. Still, the employer disciplined her for being tardy.
Agbejimi sued, alleging she had been punished for taking intermittent .
The court said her case could go to trial. It reasoned that employees may use intermittent leave when they are going to be late due to events related to a condition covered by the FMLA. (Agbejimi v. Advocate Health and Hospitals Corporation, No. 08-C-2754, ND IL, 2009)
Advice: Employees are entitled to basic medical privacy. You can require employees to call in to say they’ll be late, but you shouldn’t make them explain the underlying medical reason.
Note: For more on , see our “HR 101” guide at www.theHRSpecialist.com/FMLAintermittent.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10215/beware-discipline-for-fmla-related-tardiness "