Can you fire employees who don’t return FMLA forms?

Q           If an employee takes sick leave but hasn’t completed and returned a Family and Medical Leave Act (FMLA) form, can the employer lawfully terminate employment?

Both employers and employees have responsibilities when FMLA-qualifying leave is involved, including timely notice and compliance with employer policies. To assess what happens when an employee takes potentially FMLA-qualifying sick leave but fails to return the required forms, it’s important first to understand how the FMLA’s notice requirements function.

Generally, when employees intend to take FMLA leave, they must give their employer 30 days’ advance notice. Of course, not every medical situation is predictable. When the need for leave arises less than 30 days in advance, employees must provide notice as soon as practicable.

Regardless of timing, employees are expected to follow their employer’s usual and customary procedures for reporting absences, unless an unusual or unforeseen circumstance prevents them from doing so. This could include, for example, a medical condition that makes communication impossible. When no such exception exists, employees must comply with normal call-in rules.