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Changes to FMLA notification to employers – What it means for you
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AP Photo/Paul Sakuma
The Department of Labor (DOL) recently issued an opinion letter changing a ruling on the amount of time an employee has to notify their employer of the decision to take time off under the Family & Medical Leave Act (FMLA). Under the new guideline, if an employer’s company policy is stricter than the current “2 day rule” then the employee must comply with the stricter employer guideline.
In the past, if an employee suddenly needed leave time under the Family & Medical Leave Act, they needed to inform the employer within 2 days of the start of their absence from work. This came from a 1999 opinion letter where the DOL stated that even if employers had stricter guidelines they could not penalize an employee as long as the employee notified them within 2 days. For example, if an employer’s policy was that a leave request must be submitted within one hour of the start of their missed shift, they could not penalize that employee for failing to call in as long as the employee notified them within 2 days that their absence was due to leave covered by FMLA.
Under the new opinion an employee has to follow the stricter of the two guidelines – the 2 day rule or the employer’s company policy. This means that if a company has stricter guidelines and an employee is able to follow the company’s stricter guidelines but fails to do so then he/she is subject to denial of the FMLA request and can be disciplined as stated in the company’s policy.
What this means for the employee is that you should carefully read your companies’ policies and procedures for taking time off. Be aware of the policy before an emergency occurs. If you have any questions about the policy don’t be shy, contact your manager and human resources so that you can have your questions addressed immediately. If your employer has a stricter guideline than the “2 day rule” you will have to adhere to the guideline or face possible disciplinary action up to and including denial of benefits and termination of employment.
It should be noted that the DOL guidelines are not law but they do give employers an understanding of how a ruling would go if a case was brought against them in court.
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