Calling in “sick” is insufficient to trigger an employer’s obligations under the FMLA.įor the foreseeable leave regulations, 29 C.F.R. §825.303(b), an employee, after receiving FMLA approval, must specifically reference either the qualifying reason for leave or the need for FMLA leave each time. Under the unforeseeable leave regulation, 29 C.F.R. On Render's FMLA interference claim, the issues were whether Render complied with: 1) the FMLA notice requirements in the regulations and 2) FCA's dual call-in procedures. As a result (of course), he filed a lawsuit alleging FMLA violations.

On January 11, Render was terminated for unexcused tardies and absences that exceeded his conditional reinstatement letter. Further, Render testified that he believed he only had to call one phone number (the 1-800 number) to report FMLA absences and did not realize there was a second number. According to FCA, Render did not clearly communicate that these tardies/absences were due to FMLA qualifying reasons as he used words such as 'sick' 'having a flare up.and feel good.' FCA also argued that Render did not follow its dual call-in policy as he only called one of the two required phone numbers to report his tardies/absences.Īccording to Render, all tardies and absences were related to his FMLA leave. Render was absent and/or tardy on December 6, 7, and 8 and January 5.

The second letter only provided the 1-800 number and not both phone numbers.

The first letter required that Render report all absences and tardiness to two separate numbers: the third-party leave administrator (a 1-800 number) and the FCA Service Center (a 1-888 number).

The court described the letters as 'conflicting.'

Render received two separate letters from FCA's third party leave administrator managing his FMLA (not Matrix!). He provided supporting medical certifications forms and was conditionally approved to take intermittent leave up to four days per month. Under the terms of the conditional reinstatement letter, FCA could terminate Render's employment if he incurred two unexcused tardies or one unexcused absence within the next year.Ībout six months after his reinstatement, Render applied for intermittent leave under the FMLA for his own serious health condition (depression and anxiety disorder). In September 2014, he was terminated for attendance infractions but was later conditionally reinstated after filing a union grievance. Check out our prior blog discussing dual-notice procedures: FMLA and Employee Dual-Notice Procedures – Stand Your Ground but Be Clear about Your Policies | Matrix-RadarĮdward Render started working for FCA, LLC, in January 2013.

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