Thursday June 30, 2022
 

FMLA: Is phone text enough to provide notice of need for leave?

FMLA notice, texts, smartphone

More employees are communicating with their managers via texts. So what are your managers supposed to do when a text contains possible medical or FMLA-related info? 

That’s a tricky question, and the answer, quite frankly, depends on two things:

  • What your leave policy or call-in policies say, and
  • How your managers have treated employees’ texts in the past.

Courts will look to both to see what kind of precedent you’ve set.

Take a recent FMLA lawsuit against Tyson Fresh Meats as a warning on both of these fronts.

Tyson had a call-in policy that stated:

“All management Team Members are expected to personally call their direct supervisor to report an unplanned absence or to report that they will be late.”

This is not unlike a lot of call-in policies employers are allowed to (and do) tie to their FMLA policies that require employees to call in prior to an absence — even an FMLA-related one. Courts have upheld terminations in which an employee out on FMLA leave was fired for failing to abide by such a policy.

Sued for FMLA interference

There’s no ambiguity in Tyson’s policy — fail to call in when you’re going to be late or absent, and you’re in violation.

So why then is a court allowing a Tyson employee to sue for FMLA interference when it’s clear that he:

  • knew about the policy, and
  • failed to call his supervisor prior to taking an FMLA-related absence?

The answer: There was evidence that the employee, a Tyson supervisor named Delbert Hudson, had communicated with his supervisor Hamdija Beganovic via text message on previous occasions when Hudson would be late or absent.

So when Hudson was terminated — for which he later sued — after taking FMLA leave for only texting — and not calling — to say that he would miss work, the court viewed the previous texts as potentially pivotal.

Tyson argued Hudson’s FMLA interference lawsuit had no merit, because he violated the company’s call-in policy by not having an actual phone conversation with his supervisor. Ordinarily, that would’ve been a sound argument.

But the previous texting between Hudson and Beganovic, in the court’s mind, may have set a precedent that would nullify Tyson’s ability to lean on its call-in policy in this case. The court is now going to let a jury make the call — which mean’s Tyson’s in for a costly trial or settlement.

Double-whammy

The previous texts between Hudson and his supervisor could come back to haunt Tyson in another way as well.

Tyson argued that Hudson failed to give the company proper notice of his need for FMLA leave.

It turns out all Hudson said in his text to his supervisor prior to missing several days of work was:

“having health issues, would be out a few days, and needed to see a doctor.”

Then, Tyson provided Hudson with a leave of absence application, on which the company claims he checked the “non-FMLA leave” box.

Part of Tyson’s argument to get Hudson’s lawsuit tossed is that since Hudson didn’t provide info about his health issues via an actual phone call prior to taking leave — in conjunction with his “non-FMLA” designation on the form — Hudson hadn’t properly put the company on notice of his need for FMLA leave. Therefore, he wasn’t protected by the law.

To this, the court basically established two things:

  • How an employee designates his or her leave carries little weight because the person may not know if his or her leave qualifies for FMLA protections, and
  • To a jury, the info provided in the text may have been enough to put the company on notice that the FMLA was in play — if the jury finds that the employee wasn’t bound by the company’s policy to call in with the info.

So, in a nutshell, if it’s determined the company’s call-in policy was negated by Hudson and Beganovic’s previous text, Tyson may not have much of a leg to stand on here.

Make sure managers abide

So what can employers learn from this case? If you want an enforceable policy requiring employees to actually call-in prior to missing work, make sure your managers abide by that policy as well. That would require making sure managers — and their subordinates — know that texts are not an acceptable means of reporting absences/tardiness.

The second a court sees that texting has become an acceptable means of “calling,” it’ll take the teeth out of an official call-in policy.

Resources
Post Your Resume to 65+ Job Sites
Resume Service

Post to Twitter Tweet This Post

149 Responses to “FMLA: Is phone text enough to provide notice of need for leave?”

  1. Kamagra Impacto Medikament Cialis 20mg cialis Donde Comprar Propecia

    Like or Dislike: Thumb up 0 Thumb down 0

    [Reply]

  2. Cephalexin Daily Dose Best Canadian Pills viagra online prescription Dapoxetine In Australia

    Like or Dislike: Thumb up 0 Thumb down 0

    [Reply]

  3. … [Trackback]

    [...] Read More on|Read More|Read More Informations here|There you can find 5131 more Informations|Informations to that Topic: hrjobsandcareers.com/fmla-is-phone-text-enough-to-provide-notice-of-need-for-leave/ [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  4. Title

    [...]below you’ll find the link to some web pages that we think it is best to visit[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  5. Title

    [...]one of our guests not long ago proposed the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  6. Title

    [...]Every when inside a while we opt for blogs that we read. Listed beneath would be the latest web-sites that we pick [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  7. Title

    [...]usually posts some pretty intriguing stuff like this. If you’re new to this site[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  8. Title

    [...]that would be the finish of this report. Right here you’ll discover some sites that we feel you will value, just click the hyperlinks over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  9. Title

    [...]please check out the sites we stick to, which includes this one particular, because it represents our picks in the web[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  10. Title

    [...]usually posts some very fascinating stuff like this. If you are new to this site[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  11. Title

    [...]although internet websites we backlink to beneath are considerably not connected to ours, we really feel they may be actually really worth a go through, so possess a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  12. Title

    [...]check beneath, are some totally unrelated sites to ours, having said that, they may be most trustworthy sources that we use[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  13. Title

    [...]we prefer to honor many other net internet sites around the net, even though they aren’t linked to us, by linking to them. Below are some webpages really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  14. Title

    [...]please stop by the sites we comply with, including this a single, as it represents our picks from the web[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  15. Title

    [...]we like to honor many other net web pages around the web, even though they aren’t linked to us, by linking to them. Underneath are some webpages really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  16. Title

    [...]very few internet websites that take place to be comprehensive beneath, from our point of view are undoubtedly well worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  17. Title

    [...]we like to honor lots of other internet internet sites on the internet, even if they aren’t linked to us, by linking to them. Underneath are some webpages really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  18. Title

    [...]Wonderful story, reckoned we could combine a few unrelated information, nevertheless really worth taking a appear, whoa did one particular learn about Mid East has got a lot more problerms too [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  19. Title

    [...]The facts mentioned inside the write-up are some of the top readily available [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  20. Title

    [...]always a massive fan of linking to bloggers that I appreciate but do not get a good deal of link like from[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  21. Title

    [...]usually posts some pretty interesting stuff like this. If you are new to this site[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  22. Title

    [...]Wonderful story, reckoned we could combine a handful of unrelated data, nevertheless truly really worth taking a search, whoa did one understand about Mid East has got far more problerms as well [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  23. Title

    [...]that may be the finish of this write-up. Right here you’ll locate some web pages that we think you’ll value, just click the hyperlinks over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  24. Title

    [...]one of our guests a short while ago recommended the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  25. Title

    [...]one of our guests lately recommended the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  26. Title

    [...]below you’ll uncover the link to some web sites that we consider you’ll want to visit[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  27. Title

    [...]The info mentioned inside the write-up are a few of the most beneficial available [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  28. Title

    [...]Sites of interest we’ve a link to[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  29. Title

    [...]please go to the websites we stick to, such as this one particular, as it represents our picks from the web[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  30. Title

    [...]although internet sites we backlink to below are considerably not connected to ours, we really feel they may be essentially really worth a go via, so possess a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  31. Title

    [...]we came across a cool web-site which you may well appreciate. Take a search if you want[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  32. Title

    [...]very couple of web sites that occur to become comprehensive below, from our point of view are undoubtedly well worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  33. Title

    [...]the time to study or visit the content material or internet sites we’ve linked to below the[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  34. Title

    [...]one of our visitors lately suggested the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  35. Title

    [...]check beneath, are some completely unrelated internet websites to ours, having said that, they’re most trustworthy sources that we use[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  36. Title

    [...]although web-sites we backlink to below are considerably not connected to ours, we feel they are really worth a go by means of, so possess a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  37. content

    [...]This is very interesting[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  38. Title

    [...]below you’ll uncover the link to some websites that we assume you ought to visit[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  39. Title

    [...]one of our visitors lately encouraged the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  40. Title

    [...]Wonderful story, reckoned we could combine some unrelated data, nonetheless actually worth taking a appear, whoa did one particular study about Mid East has got additional problerms at the same time [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  41. Title

    [...]just beneath, are several absolutely not associated sites to ours, nonetheless, they’re certainly worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  42. Title

    [...]just beneath, are quite a few completely not associated internet sites to ours, nonetheless, they’re surely really worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  43. Title

    [...]Sites of interest we’ve a link to[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  44. Title

    [...]always a huge fan of linking to bloggers that I adore but really don’t get lots of link love from[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  45. Title

    [...]we prefer to honor several other online websites on the net, even though they aren’t linked to us, by linking to them. Under are some webpages really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  46. Title

    [...]check beneath, are some totally unrelated internet sites to ours, however, they may be most trustworthy sources that we use[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  47. Title

    [...]we came across a cool web site that you simply may possibly delight in. Take a appear should you want[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  48. Title

    [...]Here are a few of the sites we recommend for our visitors[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  49. Title

    [...]Here is a superb Weblog You may Come across Interesting that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  50. Title

    [...]here are some links to internet sites that we link to due to the fact we feel they are really worth visiting[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  51. Title

    [...]here are some hyperlinks to sites that we link to simply because we assume they’re really worth visiting[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  52. Title

    [...]we came across a cool web page which you could appreciate. Take a appear in the event you want[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  53. Title

    [...]just beneath, are a lot of completely not associated sites to ours, however, they are surely really worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  54. Title

    [...]one of our guests not too long ago encouraged the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  55. Title

    [...]the time to study or check out the material or websites we have linked to below the[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  56. Title

    [...]Here are a number of the websites we advise for our visitors[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  57. Title

    [...]always a major fan of linking to bloggers that I adore but do not get a great deal of link appreciate from[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  58. Title

    [...]very couple of websites that occur to be in depth below, from our point of view are undoubtedly nicely really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  59. Title

    [...]although sites we backlink to beneath are considerably not connected to ours, we really feel they are essentially really worth a go via, so possess a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  60. Title

    [...]Every after inside a even though we pick out blogs that we study. Listed beneath are the most recent websites that we select [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  61. Title

    [...]usually posts some pretty exciting stuff like this. If you’re new to this site[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  62. Title

    [...]below you’ll discover the link to some web pages that we feel you need to visit[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  63. Title

    [...]Here is an excellent Blog You may Come across Interesting that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  64. Title

    [...]please visit the sites we comply with, like this one, as it represents our picks from the web[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  65. Title

    [...]just beneath, are many absolutely not associated sites to ours, however, they are surely worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  66. Title

    [...]that would be the end of this write-up. Right here you will uncover some web-sites that we believe you will value, just click the hyperlinks over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  67. Title

    [...]although websites we backlink to below are considerably not connected to ours, we feel they are in fact really worth a go by, so have a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  68. Title

    [...]just beneath, are several entirely not associated web-sites to ours, even so, they are surely really worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  69. Title

    [...]the time to read or visit the subject material or websites we have linked to below the[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  70. Title

    [...]Here is a good Weblog You may Come across Intriguing that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  71. Title

    [...]here are some hyperlinks to internet sites that we link to for the reason that we believe they may be worth visiting[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  72. Title

    [...]one of our guests lately advised the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  73. Title

    [...]very few web sites that happen to be in depth below, from our point of view are undoubtedly very well really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  74. Title

    [...]Every after inside a whilst we select blogs that we study. Listed beneath are the latest sites that we select [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  75. Title

    [...]we like to honor numerous other internet web-sites on the web, even if they aren’t linked to us, by linking to them. Beneath are some webpages worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  76. Title

    [...]Every when in a when we choose blogs that we read. Listed beneath would be the newest sites that we decide on [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  77. Title

    [...]one of our guests recently encouraged the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  78. Title

    [...]very handful of internet sites that transpire to be in depth below, from our point of view are undoubtedly very well really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  79. Title

    [...]Here is a superb Blog You might Find Intriguing that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  80. Title

    [...]Every when in a while we decide on blogs that we study. Listed below would be the most current web pages that we decide on [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  81. Title

    [...]Here are some of the web pages we advocate for our visitors[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  82. Title

    [...]that would be the end of this post. Right here you’ll discover some web sites that we assume you’ll value, just click the hyperlinks over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  83. Title

    [...]we came across a cool web page that you simply could appreciate. Take a look should you want[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  84. Title

    [...]Here is a good Blog You might Discover Fascinating that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  85. Title

    [...]we came across a cool site that you just could take pleasure in. Take a search when you want[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  86. Title

    [...]just beneath, are numerous entirely not related sites to ours, nonetheless, they are surely worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  87. Title

    [...]although sites we backlink to beneath are considerably not related to ours, we feel they are actually really worth a go by, so have a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  88. Title

    [...]that is the finish of this article. Right here you’ll find some internet sites that we assume you will appreciate, just click the hyperlinks over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  89. Title

    [...]please check out the web-sites we stick to, which includes this a single, as it represents our picks from the web[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  90. Title

    [...]that could be the finish of this article. Here you will uncover some web sites that we feel you will value, just click the hyperlinks over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  91. Title

    [...]one of our visitors a short while ago recommended the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  92. Title

    [...]although web sites we backlink to below are considerably not connected to ours, we really feel they are in fact worth a go via, so have a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  93. Title

    [...]Here is a superb Blog You might Uncover Fascinating that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  94. Title

    [...]very couple of web-sites that happen to be detailed beneath, from our point of view are undoubtedly very well really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  95. Title

    [...]although internet sites we backlink to beneath are considerably not associated to ours, we really feel they’re actually worth a go as a result of, so have a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  96. Title

    [...]check beneath, are some entirely unrelated sites to ours, having said that, they may be most trustworthy sources that we use[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  97. Title

    [...]always a big fan of linking to bloggers that I appreciate but don’t get lots of link adore from[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  98. Title

    [...]Here is a great Weblog You might Locate Intriguing that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  99. Title

    [...]The information and facts mentioned in the post are a number of the very best readily available [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  100. Title

    [...]check beneath, are some totally unrelated internet websites to ours, nevertheless, they’re most trustworthy sources that we use[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  101. Title

    [...]very couple of internet sites that come about to become in depth beneath, from our point of view are undoubtedly effectively really worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  102. Title

    [...]Wonderful story, reckoned we could combine some unrelated information, nonetheless truly worth taking a look, whoa did one particular understand about Mid East has got more problerms as well [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  103. Title

    [...]Here is an excellent Blog You might Come across Intriguing that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  104. Title

    [...]very handful of websites that transpire to become comprehensive beneath, from our point of view are undoubtedly effectively worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  105. Title

    [...]always a massive fan of linking to bloggers that I enjoy but do not get a good deal of link enjoy from[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  106. Title

    [...]always a big fan of linking to bloggers that I really like but do not get a whole lot of link like from[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  107. Title

    [...]just beneath, are many completely not associated web sites to ours, even so, they are certainly worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  108. Title

    [...]we prefer to honor many other web web sites around the net, even when they aren’t linked to us, by linking to them. Under are some webpages worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  109. Title

    [...]Here are a few of the web-sites we advocate for our visitors[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  110. Title

    [...]the time to study or go to the content or web-sites we’ve linked to below the[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  111. Title

    [...]Every once inside a whilst we choose blogs that we read. Listed beneath are the newest websites that we decide on [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  112. Title

    [...]please visit the web-sites we follow, like this one particular, as it represents our picks in the web[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  113. Title

    [...]Here are some of the websites we advise for our visitors[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  114. Title

    [...]we came across a cool website that you might enjoy. Take a search for those who want[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  115. Title

    [...]Here is a good Weblog You may Locate Interesting that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  116. Title

    [...]Wonderful story, reckoned we could combine a number of unrelated information, nevertheless really really worth taking a appear, whoa did one understand about Mid East has got much more problerms as well [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  117. Title

    [...]we came across a cool web site that you simply might appreciate. Take a look for those who want[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  118. Title

    [...]here are some links to internet sites that we link to since we consider they may be worth visiting[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  119. Title

    [...]Sites of interest we have a link to[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  120. Title

    [...]although websites we backlink to below are considerably not associated to ours, we feel they’re in fact really worth a go by way of, so possess a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  121. Title

    [...]Every after inside a though we pick blogs that we study. Listed below would be the newest internet sites that we opt for [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  122. Title

    [...]Sites of interest we have a link to[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  123. Title

    [...]usually posts some very intriguing stuff like this. If you’re new to this site[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  124. Title

    [...]we came across a cool internet site that you simply may love. Take a look in case you want[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  125. Title

    [...]the time to read or stop by the material or sites we’ve linked to below the[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  126. Title

    [...]check beneath, are some absolutely unrelated websites to ours, however, they’re most trustworthy sources that we use[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  127. Title

    [...]below you will locate the link to some web pages that we think it is best to visit[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  128. Title

    [...]here are some hyperlinks to websites that we link to simply because we feel they are really worth visiting[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  129. Title

    [...]Here is a great Blog You might Discover Intriguing that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  130. Title

    [...]always a major fan of linking to bloggers that I enjoy but really don’t get a great deal of link love from[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  131. Title

    [...]Here is a great Blog You might Obtain Fascinating that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  132. Title

    [...]although web sites we backlink to beneath are considerably not connected to ours, we really feel they are actually really worth a go by way of, so have a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  133. Title

    [...]Every after in a though we pick blogs that we read. Listed beneath would be the most current sites that we choose [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  134. Title

    [...]Wonderful story, reckoned we could combine several unrelated information, nonetheless genuinely really worth taking a search, whoa did 1 discover about Mid East has got far more problerms also [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  135. Title

    [...]always a large fan of linking to bloggers that I enjoy but don’t get a good deal of link really like from[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  136. Title

    [...]Every after inside a whilst we choose blogs that we study. Listed below are the most up-to-date websites that we opt for [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  137. Title

    [...]just beneath, are several totally not connected web pages to ours, having said that, they are certainly really worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  138. Title

    [...]just beneath, are numerous totally not associated web pages to ours, even so, they’re certainly worth going over[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  139. Title

    [...]we like to honor several other world-wide-web web sites on the internet, even when they aren’t linked to us, by linking to them. Beneath are some webpages worth checking out[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  140. Title

    [...]Here is a great Weblog You may Come across Exciting that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  141. Title

    [...]Every once in a when we pick blogs that we read. Listed below would be the most up-to-date websites that we choose [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  142. Title

    [...]one of our guests just lately suggested the following website[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  143. Title

    [...]Every when inside a while we pick out blogs that we study. Listed beneath are the most recent sites that we pick [...]

    Like or Dislike: Thumb up 0 Thumb down 0

  144. Title

    [...]although sites we backlink to beneath are considerably not associated to ours, we feel they may be actually worth a go through, so have a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  145. Title

    [...]although web-sites we backlink to beneath are considerably not connected to ours, we really feel they are basically really worth a go by means of, so possess a look[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  146. Title

    [...]check beneath, are some totally unrelated sites to ours, nonetheless, they may be most trustworthy sources that we use[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  147. Title

    [...]Here is an excellent Weblog You may Discover Intriguing that we Encourage You[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  148. Title

    [...]the time to read or check out the content material or internet sites we have linked to beneath the[...]

    Like or Dislike: Thumb up 0 Thumb down 0

  149. Title

    [...]below you will discover the link to some web sites that we believe you should visit[...]

    Like or Dislike: Thumb up 0 Thumb down 0

Leave a Reply

 

FMLA: Is phone text enough to provide notice of need for leave?

FMLA notice, texts, smartphone

More employees are communicating with their managers via texts. So what are your managers supposed to do when a text contains possible medical or FMLA-related info? 

That’s a tricky question, and the answer, quite frankly, depends on two things:

  • What your leave policy or call-in policies say, and
  • How your managers have treated employees’ texts in the past.

Courts will look to both to see what kind of precedent you’ve set.

Take a recent FMLA lawsuit against Tyson Fresh Meats as a warning on both of these fronts.

Tyson had a call-in policy that stated:

“All management Team Members are expected to personally call their direct supervisor to report an unplanned absence or to report that they will be late.”

This is not unlike a lot of call-in policies employers are allowed to (and do) tie to their FMLA policies that require employees to call in prior to an absence — even an FMLA-related one. Courts have upheld terminations in which an employee out on FMLA leave was fired for failing to abide by such a policy.

Sued for FMLA interference

There’s no ambiguity in Tyson’s policy — fail to call in when you’re going to be late or absent, and you’re in violation.

So why then is a court allowing a Tyson employee to sue for FMLA interference when it’s clear that he:

  • knew about the policy, and
  • failed to call his supervisor prior to taking an FMLA-related absence?

The answer: There was evidence that the employee, a Tyson supervisor named Delbert Hudson, had communicated with his supervisor Hamdija Beganovic via text message on previous occasions when Hudson would be late or absent.

So when Hudson was terminated — for which he later sued — after taking FMLA leave for only texting — and not calling — to say that he would miss work, the court viewed the previous texts as potentially pivotal.

Tyson argued Hudson’s FMLA interference lawsuit had no merit, because he violated the company’s call-in policy by not having an actual phone conversation with his supervisor. Ordinarily, that would’ve been a sound argument.

But the previous texting between Hudson and Beganovic, in the court’s mind, may have set a precedent that would nullify Tyson’s ability to lean on its call-in policy in this case. The court is now going to let a jury make the call — which mean’s Tyson’s in for a costly trial or settlement.

Double-whammy

The previous texts between Hudson and his supervisor could come back to haunt Tyson in another way as well.

Tyson argued that Hudson failed to give the company proper notice of his need for FMLA leave.

It turns out all Hudson said in his text to his supervisor prior to missing several days of work was:

“having health issues, would be out a few days, and needed to see a doctor.”

Then, Tyson provided Hudson with a leave of absence application, on which the company claims he checked the “non-FMLA leave” box.

Part of Tyson’s argument to get Hudson’s lawsuit tossed is that since Hudson didn’t provide info about his health issues via an actual phone call prior to taking leave — in conjunction with his “non-FMLA” designation on the form — Hudson hadn’t properly put the company on notice of his need for FMLA leave. Therefore, he wasn’t protected by the law.

To this, the court basically established two things:

  • How an employee designates his or her leave carries little weight because the person may not know if his or her leave qualifies for FMLA protections, and
  • To a jury, the info provided in the text may have been enough to put the company on notice that the FMLA was in play — if the jury finds that the employee wasn’t bound by the company’s policy to call in with the info.

So, in a nutshell, if it’s determined the company’s call-in policy was negated by Hudson and Beganovic’s previous text, Tyson may not have much of a leg to stand on here.

Make sure managers abide

So what can employers learn from this case? If you want an enforceable policy requiring employees to actually call-in prior to missing work, make sure your managers abide by that policy as well. That would require making sure managers — and their subordinates — know that texts are not an acceptable means of reporting absences/tardiness.

The second a court sees that texting has become an acceptable means of “calling,” it’ll take the teeth out of an official call-in policy.

Resources
Post Your Resume to 65+ Job Sites
Resume Service

Post to Twitter Tweet This Post

Leave a Reply