I have FMLA to care for my father, and I was late several times because of issues that came up with him. They have written me up because of this, and I was denied a raise because of the write-ups. Is this legal?
Ann Kiernan replies:
It depends. Did you follow your employer’s policy on reporting tardiness? If so, then you should not be disciplined or otherwise penalized. You might want to consult an employment law attorney about your rights.
But if you did not—unless there was a genuine emergency–your employer can deny FMLA coverage for those absences and discipline you. The FMLA regulations [29 C.F.R. §825.303] say:
(a) Timing of notice. When the approximate timing of the need for leave is not foreseeable, an employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case. It generally should be practicable for the employee to provide notice of leave that is unforeseeable within the time prescribed by the employer’s usual and customary notice requirements applicable to such leave. See §825.303(c)…
(c) Complying with employer policy. When the need for leave is not foreseeable, an employee must comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances . . . If an employee does not comply with the employer’s usual notice and procedural requirements, and no unusual circumstances justify the failure to comply, FMLA-protected leave may be delayed or denied.
(emphasis added)
Best wishes to you and your father.
Posted 03-19-2021
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.