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  1. #1
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    FMLA or not, failure to call in at all is unacceptable and yes, you can be disciplined for that.

    Under the FMLA statute, you can be required to follow the company's call in procedures (as long as they are not more stringent for FMLA absences than for non-FMLA absences) unless there are unusual circumstances, in which case you need to call in as soon as possible. For example, if the migraine starts only three hours before your shift, obviously you cannot give them four hours notice. But if you call them right away to let them know, that is acceptable.

    I understand that you cannot call in while you are in the act of vomiting. But surely there will be a break of at least five minutes between bouts when you can make a call. (And while I am not a chronic migraine sufferer, I have some personal experience with migraines.)

  2. #2

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    Quote Quoting cbg
    View Post
    For example, if the migraine starts only three hours before your shift, obviously you cannot give them four hours notice. But if you call them right away to let them know, that is acceptable.

    .)
    This is still a voilation of company policy because it doesn't give company four hours of notice.

    I will call in but the problem arises when I don't make the deadline.......then it's an automatic write up company wide.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    But if you document your medical condition and implicate your FMLA protections, there are few circumstances where they might have a plausible argument to avoid accommodating you on that issue. Presumably they already accommodate you when your migraine begins during a shift.

  4. #4

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    I already called the third party administrator of the companys fmla policy.....and stated my case.

    I will get a phone call from them soon.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    Quote Quoting Javer
    View Post
    This is still a voilation of company policy because it doesn't give company four hours of notice.

    I will call in but the problem arises when I don't make the deadline.......then it's an automatic write up company wide.



    If your episode started more than 4 hours prior to your shift, the 4 hour period must be followed. If you become ill less than 4 hours prior to a shift, obviously you cannot provide 4 hours notice. It would be improper to penalize you for that sort of issue if it was for the FMLA issue.

    So, you take your documentation and the proof of the write up and speak with HR and explain to them you called, that particular time, due to your migraine issue.

    Obviously calling in with less than 4 hours could involve some other issue. They do not have to excuse your failure to call in >4 hours if it is something other than your migraine issue. You have to tell them it was a migraine issue and not some other failure on your part. If there is an automatic write up, then you must defend the write up. The requirements on you are no more stringent than on any other. They would have to manually go and rescind the automatic write up after you inform them the failure is due to the FMLA issue.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    Just my two cents:

    Have your doctor write up a statement that you suffer from migraines, they make you vomit; and there is no indicator to say when you will have one.

  7. #7

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    My headache is over . I spoke to my CASE MANAGER and she said all I have to do is call the same day of the incident. Which means anytime.

    I'm new to FMLA.

    My headache started when I called my FMLA hotline and spoke to a random person on the other line.

    He gave the Wrong information. He said I must call in four hours in advance regardless or company may deny or delay my fmla request.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    Your case manager?

    from work?

  9. #9

    Default Re: Does This Qualify As FMLA Unusual Circumstances?

    Fmla case manager.

    Our company fmla is adminestired by a third party organization.

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