Featured Case: Responding to Vague FMLA Requests

Tasha Patterson@Work

“I’m Sick, I’m Dizzy, and My Head Hurts!” Responding to Vague FMLA Requests

By Lana L. Rupprecht, Esq., Director, Product Compliance, Matrix Absence Management, Inc.; Marti Cardi, Esq., Vice President, Product Compliance, Matrix Absence Management, Inc.

These quotes from three recent court cases illustrate the need for employers to reevaluate leave request processes and provide clear guidance on criteria that substantiates requests:

  • “I’m sick, I’m dizzy, and my head hurts! There’s a family emergency.”
  • Text of doctor’s note: “Please excuse Joe from work on 9/4/18. He had an app.”
  • “My back and shoulder hurt. … I need FMLA paperwork.”

Family and Medical Leave Act (FMLA) regulations require employees to provide notice of leave to employers. Those seeking leave for the first time do not need to reference the FMLA but must provide sufficient information to demonstrate it is necessary. Calling in “sick” is insufficient. And employees previously approved for FMLA leave must reference the qualifying reason or the need for it.

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