A recent 8th Circuit Court of Appeals case recently dealt with an interesting FMLA question. The issue was: Is it appropriate for an organization to fire an employee on FMLA leave for failing to call in each day, as required by company policy?

The court upheld the company’s actions. It held that the termination was appropriate because the same decision would have been made whether an employee were on FMLA or another form of leave. The organization bolstered its position because it required an employee’s acknowledgment on its FMLA leave form that HR policies apply to FMLA leave. Additionally, similar language was included in the employee handbook.

Bottom line: Employers should always be extra careful and possibly contact their attorneys any time that they undertake corrective action when an employee is exercising a legal right. The importance of good policies and handbooks rules the day again and can’t be underestimated. [Bacon v. Hennepin County Medical  Ctr.,8th Cir]