You’re risking FMLA lawsuit if call-in rules don’t allow flexibility in emergencies

by on
in FMLA Guidelines,Human Resources

Employers are generally free to set their own rules for when and to whom employees must call to report that they will unexpectedly have to miss work. But thanks to a recent 2nd Circuit Court of Appeals decision, that’s now far less certain.

Recent case: Christopher Millea is a former Marine who suffers from severe post-traumatic stress disorder as a result of combat during the first Gulf War. He got a job with Metro-North Railroad Company. Despite extensive psychotherapy and medication, he still has occasional panic attacks and fatigue. At those times, he needed time off.

Millea applied for intermittent FMLA leave to cover the time off and was approved for 60 days per year.

About that time, Millea began having a hard time getting along with a supervisor. During a phone call, the two had a heated argument, which triggered one of Millea’s panic attacks. He left work to see his doctor.

Because his panic was caused by con­­­­­ta...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment