Some employees think they’re entitled tofor every family emergency. They’re wrong. You should only grant leave requests based on legitimate reasons and reject clearly frivolous ones.
You should also require employees to follow your rules and provide adequate notice for legitimate leave requests.
Recent case: Rico McCoy lost his job and sued, claiming he had been deniedleave on at least three occasions.
First, he said he had to take off to attend his former legal guardian’s funeral. Next, his wife went missing and he took time off to search for her. Finally, he didn’t show up for work because he claimed he had to get his mother committed to a mental hospital.
All three claims failed. The court said funeral attendance is not in and off itself an FMLA-covered event. And searching for someone who has gone missing isn’t covered at all.
Finally, while a mentally ill mother might have a serious health condition that would qualify a son to take FMLA leave to provide care, McCoy never asked for the time off. He should have either provided 30 days notice, or if that wasn’t possible, notified his employer as soon as he knew he needed time off. (McCoy v. State of Alabama, No. 10-13889, 11th Cir., 2011)
Final note: In an emergency, employees still have to inform their employers they need leave. How soon depends on the circumstances, but typically it should be within hours.
- FMLA now covers care for partner's, other relative's children
- Can FMLA be taken to care for parent overseas?
- Must we indefinitely retain injured employee who has been out on workers' comp?
- Can we refuse to hire member of National Guard because she lacks weekend scheduling flexibility?
- DOL teams up with ABA--expect more FMLA, FLSA suits