Employees sometimes think that just calling in sick is enough to put their employers on notice that they need. That’s simply not the case.
Employees have an obligation to give their employers enough information about the underlying reason for the absence to trigger the possibility that the employee has a serious health condition.
It’s not enough that the employer knows the employee has had health problems in the past—even if the employee is acting unusually or exhibiting signs of mental or psychological problems.
Until recently, at least one federal appeals court had told employers they had to consider aberrant or unusual behavior as notice (based on the idea that the employee was incapable of telling his employer he was having these problems). Now, however, the U.S. Department of Labor has eliminated the regulation on which the court relied.
Originally, the regulation said employees have to give notice withi...(register to read more)
- Cutting jobs? You may be able to consider FMLA leave
- You can't directly call doctor for FMLA information
- Smaller raise can count as 'adverse action' that triggers lawsuit
- Try to settle FMLA claims: Appeals court says you don't need DOL's prior approval
- Workers' comp law: How to keep costs, compliance in check