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.
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.
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.
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.
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.
Your case manager?
from work?
Fmla case manager.
Our company fmla is adminestired by a third party organization.
so, you are saying two people from that same organization, that is not actually the federal Department of Labor (the entity that oversees the FMLA) gave you two different answers. Your case manager, being one of them, said you only had to call in that day.
That's great.
It is not what the law allows an employer to require but your employer can put any rule on it they wish, as long as it does not provide less protection than the FMLA does.
and as you have been told; they can require you to adhere to the same 4 hour policy that every other employee must adhere to.