Q. Our company has an employee who has taken
A. The answer appears to be yes. It’s even better if your company gives the employee an additional grace period of a week to file the form.
In Taylor & Taylor v. Ameritech Services, the court concluded an employee who failed to send in the form within the 15-day period could be fired for unexcused absences.
Had the employee diligently, in good faith and a timely manner attempted to file the form, but it was not “practicable” to do so, the result might have been different. The employee claimed that Ameritech had “interfered” with the exercise of his by using a bar-coded form that the treating doctor claimed he had sent in to Ameritech’s processor on three occasions. Even allowing for a six-day grace period, the form never arrived. The court concluded the employer was within its right to insist on the form.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Set clear, consistent response to employees' 'I'm sick' calls
- Is early termination OK when employee who is on FMLA submits her resignation?
- Use patience when disciplining employee who requested FMLA leave
- How to ensure your employee handbook supports FMLA compliance