Key to remember:
30 minutes or less? Not so with all FMLA call-ins, court says
09/18/2024
Employers should tread carefully when it comes to disciplining employees for FMLA call-ins
For years Latrice suffered from bouts of depression, mood swings, and anxiety, for which she took intermittent leave through the federal Family and Medical Leave Act (FMLA).
In early 2018, after again requesting leave, Latrice learned via an FMLA approval letter that, per the company's call-in procedure, she had to call in 30 minutes before her start time. Generally, employees using FMLA leave were excused from that requirement if they provided a statement to explain why on that particular day, they could not call in at least 30 minutes before a shift started.
Unexcused tardies lead to termination
On January 24, Latrice had her fourth tardy. She reported her late arrival only 18 minutes before her start time, not the required 30. This resulted in a three-day suspension.
Latrice argued that she was prohibited from calling in on time because of her covered illness. She submitted a statement from her doctor about why she failed to call in on time that day.
In March, Latrice had a similar incident and faced a 30-day suspension. She provided similar arguments from the January incident.
Company leaders met with Latrice and said they wanted a detailed explanation of what happened.
In September, Lattice was late again (this time because of a train). She was subsequently fired, and she sued.
Court sides with employee
Latrice claimed that her late call-ins in January and March should have been excused because of her FMLA conditions. She provided information from her doctor about the reason she could not call in within 30 minutes.
The employer argued that Latrice did not provide sufficient detail from which it could be concluded that her failure to timely call in was due to her conditions.
In denying the employer's request to dismiss the case, the court held that a jury could reasonably find that the information Latrice provided sufficiently communicated that "unusual circumstances"— in the form of symptoms from her FMLA-qualifying illness — excused her failure to comply with the 30-minute rule.
Crispell v. FCA US, LLC, 6th Circuit Court of Appeals, No. 23-1114, June 18, 2024.
If an employee’s FMLA serious health condition prohibits them from calling in on time, they might need to be excused from that requirement.
This article was written by Darlene M. Clabault, SHRM-CP, PHR, CLMS, of J. J. Keller & Associates, Inc. The content of these news items, in whole or in part, MAY NOT be copied into any other uses without consulting the originator of the content.
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