Potential FMLA abuse is one of the biggest concerns employers face while administering FMLA leave. One way employers have found to combat FMLA abuse is to have a specific call-in policy outlined and consistently followed.
Using Call-In Policies to Prevent FMLA Abuse
Having a written call-in policy is the first step, but a policy alone is often not enough. To truly use it to curb FMLA abuse, employers must be sure to notify employees of the policy and follow it consistently for everyone.
To maximize the use of call-in or notice policies, start by having a separate cover letter which is sent to any employee who is approved for intermittent FMLA leave. This letter should remind them that they are still responsible for complying with their department’s call-in policies, even for FMLA-covered absences. Some employers opt to send this with FMLA designation notice.
Employers have the right to enforce their call-in policy and to discipline employees who do not follow it. It’s important to make the distinction that discipline is not being issued for the need to take an FMLA-protected leave, but rather for not complying with company policy. The key is to be consistent with how every other employee taking the same action is treated. Any employee who does not comply should get the same discipline.
Without a clear call-in policy, employees will typically revert to whatever behavior they assume to be allowed, which could even include not calling in at all and only advising after-the-fact if they think that’s the norm.
However, there may be some instances where an employee actually cannot adhere to the call-in policy because their serious medical condition prevents it. In these cases, FMLA regulations allow employers to state that the employees are responsible for documenting their medical or other inability to comply with these call-in policies.
Employers can also be very specific in how an employee must notify the employer of the need to be away from work.
“In your call-ahead policy, you can designate one person, position or phone number to which all these calls have to be made. And you can specify the information that they have to give when they call in.” Stacie Caraway outlined in a recent BLR webinar. For example, the employer can explain what information is needed and can advise that it’s not enough to say “I’m sick” or “it’s my FMLA.” Employees can be required to specify whether this is a planned or unplanned situation (i.e. a doctor’s appointment vs. a sudden flare-up) and to provide additional distinguishing details of their condition.
For more information on using call-in policies to curb FMLA abuse, order the webinar recording of “FMLA Certifications: Tips and Tactics to Successfully Manage Family and Medical Leave.” To register for a future webinar, visit http://store.blr.com/events/webinars.
Attorney Stacie L. Caraway is a member in the law firm of Miller & Martin PLLC and concentrates her practice in the areas of labor and employment. She advises employers concerning general employment and labor law issues; develops, reviews, and updates human resource policies and supporting agreements; and represents employers in local, state and federal legal proceedings including EEOC and state human rights commission investigations, mediations and lawsuits throughout the United States.