Employee misses work? Check on FMLA eligibility and notification rules.

Employees are supposed to notify their employers that they need to take FMLA leave. The notice doesn't have to be specific. Employees just need to provide enough information for the employer to realize the absence might be covered by the FMLA.

Once the employer realizes leave might be FMLA-covered, it must send the employee an FMLA eligibility notice. That way, the employee knows how to formally request leave. Failing to send the notice after suspecting the employee is eligible is a separate FMLA violation.

Recent case: Buddy installed fenders and lights on trailers for a trucking company. When he hurt his chest at home, he got X-rays that revealed fractured ribs and a heart condition that required further testing.

The company's attendance policy required employees to report absences no later than 15 minutes before their shifts. Failure to call in for three consecutive days was a dischargeable offense.

Buddy called in every day for over a week. Logs indicated he reported the reason as "ribs." The payroll assistant in charge of logging absences testified later she knew Buddy had fractured his ribs. She never told HR until Buddy stopped calling. He was fired.

Buddy sued, alleging he would have filled out FMLA paperwork if he knew he could. The 7th Circuit Court of Appeals sided with Buddy, saying the company violated the FMLA notice requirement. (Lutes v. United Trailers, 7th Cir.)

Online resource For advice on how both employers and employees must submit notification about

FMLA leave, read our article "FMLA: Notice Requirements" at www.theHRSpecialist.com/FMLAnotice.

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