Nancy Gunzenhauser Popper, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in SHRM, in “Fine-Tune Call-In Procedures to Reduce FMLA Misuse,” by Allen Smith.
Following is an excerpt:
Family and Medical Leave Act (FMLA) procedures that clearly outline the information employees must provide when they call in absent can help reduce fraudulent intermittent leave requests. Providing a list of questions to those who answer absent workers' calls also can help weed out spurious leave requests. …
Clear Call-In Procedures
FMLA policies and procedures should state that employees are expected to provide the following information when they call in absent ...
- The specific reason for the absence, with enough information to enable the employer to determine whether the FMLA may apply to the leave request.
- When the leave will begin and when the employee expects to return to work, including specific dates and times of absence, if known.
- Contact information for the employee in the event the worker needs to be reached for further information about the absence.
- If the employee reports the absence late, an explanation as to why he or she could not timely report the absence as required by the call-in procedure. ...
It's often helpful for a call-in procedure to require employees to call in as soon as practicable and no later than a reasonable period, often one or two hours, before the shift. ...
Employers should also clarify how an employee may appropriately let the company know that he or she will be absent, said Nancy Gunzenhauser Popper, an attorney with Epstein Becker Green in New York City.
"Is text OK? What if it goes to voice mail? Who do they call if the manager isn't available? If the policy is clear, there will be fewer questions about how to comply, and it becomes easier to enforce," she said. …
