Under new FMLA rules, think twice before automatically firing workers who don’t call in

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in Firing,FMLA Guidelines,Human Resources,Leaders & Managers,Management Training

You have probably heard that the new FMLA regulations changed what employers can expect from their sick employees.

Under the original FMLA regulations, employees were expected to report their need for FMLA leave “as soon as practicable” if they couldn’t provide notice 30 days before they needed to miss work. The old regulations included interpretive examples and suggested that employees had a day or two to call in if they were out for FMLA protected reasons.

The new regulations eliminated the previous examples and substituted one that said employers could enforce their usual call-in rules, such as requiring employees to call in before missing a shift.

Employers rejoiced, assuming they could safely discharge employees who didn’t show up and didn’t call in.

A new case calls that assumption into question.

Recent case: James Randolph worked for Grange Mutual Casualty and had an absenteeism problem. He was plac...(register to read more)

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