Missouri FMLA statutes or common sense?

[Skyymiles]

What is the name of your state (only U.S. law)? Missouri


Can you tell me if there is a Missouri state statue that covers the min/max amount of time an employee is able to claim their scheduled work day(assuming its the same day) as a FMLA day or is this strictly at the discretion of the employers rules? For instance, can an employee notify their supervisor of a FMLA absence in the state of Missouri after their scheduled start time (aprox 2 hours) and still be held accountable or better yet, if the employee applied (called the number and requested 8 hours of FMLA for the day) and the supervisor was notified, can the company then hold them liable for being AWOL (absent without leave)? That's basically what's happened.

Thanks in advance. Not that it matters but I am not either of the parties involved.What is the name of your state (only U.S. law)?

 

[cbg]

FMLA is a Federal law, not a Missouri law, so Missouri law is not applicable.

I can tell you two things: (1) Even on FMLA, the employee is still required to follow the employer's call in procedures and (2) The employer cannot require the employee to use more FMLA time than is actually needed.

Anything beyond that, have one of the parties involved sign up and ask their question.

 

[Skyymiles]

Ok, I guess that really answers my question then. I doubt there any applicable Federal FMLA laws that would apply here, just whether or not the Company can hold the employee accountable for using a FMLA day after the employee was told they would be held accountable for not showing up for the first 2 1/2 hours of their shift when they had someone to cover it. The company sent the 'trade' person home after working 2 hours, stating that that trade was never approved even though the two employees followed company procedure in requesting the time off. More of less, the company overlooked the swap and then when informing the employee originally scheduled to work, sent the second employee who agreed to work home. So the employee approved for FMLA leave did what she thought was best and called in on a FMLA day to cover her absence. Both employees involved in the trade were under the impression the swap had been approved; however, as we see in this event, this was not the case, and that is where the original employee scheduled to work is being held accountable. It is interesting to note that the company has already agreed to pay the employee who came in to work the initial 2 or so hours since obviously his service or coming in was 'rendered'. Thanks for the advice