Calvin Associates, Inc.

post »“Watch Out Employees: Comply with Policies or Lose FMLA Rights” 3-31-16

April 06 2016, 9:53 pm

http://www.jdsupra.com/legalnews/watch-out-employees-comply-with-23302/

Bruce’s Summary: Follow company rules, what a concept! Well a federal court agreed with one employer, who terminated an employee for violation of its attendance Policy while on intermittent FMLA leave. Something about the employee not liking the notification rules requiring notification of the company of absences within 48 hours or two hours before the starting their shift.

Just like in basketball, points count, but here high scores led to termination. The company had a point system within its Attendance Policy and unfortunately, by ignoring it someone lost their job over it.

According to the authors, the court rejected the employee’s FLMA interference and retaliation claims, noting that “if an employee does not comply with an employer’s usual and customary notice and procedural requirements, the FMLA does not give the employee the right to take leave.”

Key here is the fact the employer provided and ensured employees understood the policies (training) and the employer ensured procedural requirements were followed. Good article. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com