If you instruct your employees to let their supervisors know when they need to take FMLA-protected leave—and your employees fail to do so—you can terminate them. The case: A frequently absent employee was eventually told that when he needed to take FMLA leave, he should inform his supervisor or personnel manager. But he didn’t comply and was fired. The court ruled that an employee taking FMLA leave must follow the company’s rules for giving notice—except in emergencies when the employee can provide notice within a reasonable period, which the law defines as one or two business days. (Holmes v. Boeing Co., No. 98- 3056, 10th Cir., 1999)
Your employee handbook can be an invaluable organizational tool … or an employment lawsuit waiting to happen. And in recent years, Congress and state legislatures have been busy enacting laws that directly affect your employee handbook. If you haven’t kept up, you could find yourself in court....Click here to find out more.