BY RALPH A. PETERSON and JOHN F. WINDHAM
Q. We received a note from an employee’s physician simply stating that she was ill. On one occasion, she had to go to the emergency room from work, and she subsequently called in sick one day about a month or two later. Is this sufficient notice under the to require us to regard this as a request for extended ?
A. Under recent court decisions and the new , the situation you describe would not constitute sufficient notice of the employee’s intent to take FMLA leave. She simply has not informed you as to the seriousness of her health condition or shown any facts that the condition would require extended leave. That’s what the FMLA requires.
Merely informing the employer that the employee was sick is insufficient to suggest the existence of an FMLA-qualifying condition. The new regulations require that the employee provide at least verbal notice sufficient to make the employer aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
An employer can deny FMLA leave if an employee fails to respond to reasonable inquiries designed to determine if the leave would qualify under the FMLA.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't let a scheduling conflict prompt reservists' discipline, firing
- Feel free to impose legitimate discipline, even if employee is out on FMLA leave
- Require employee to call HR during FMLA leave
- 2009 is 'year of employee benefits'; more in the pipeline for 2010