Some employers cut more slack than therequires when employees fail to give timely notice that they want to take . For example, in some industries, it’s common to notify absent employees who haven’t called in that they will be terminated if they don’t come back to work or otherwise explain their absence within a few days.
In cases like those, the company typically might send an employee a letter informing her that, since she didn’t show up for her last scheduled shift or offered an explanation, she has five days to return or explain why she can’t work.
If the reason is one covered by the FMLA, she may already have lost the right to claim FMLA leave—since she didn’t notify her employer within two days of learning she needed leave or as soon as was practicable under the circumstances. That’s what the law requires.
However, the employee can’t go to court and claim that her company’s more lenient (register to read more)polic...