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Using intermittent FMLA leave in New York

With the Family and Medical Leave Act, people have the ability to take time off of work that is in preset amounts. They may also take intermittent FMLA, which lets them be away from work at times of their choosing. This allows people to deal with family issues, such as child with an illness, or recover from a medical condition.

While employees have a fair amount of leeway when it comes to taking time off for intermittent FMLA, a court case in Tennessee demonstrates why it's essential for people to follow their employer's call-in rules. An employee was informed that she must call in at least 30 minutes before missing work, but she failed to do so multiple times.

The employee stated that she became overwhelmed while taking care of her child, which is why she failed to make the required calls. The court determined that the woman should have notified her employer under its guidelines. If workers have an FMLA call-in policy explained to them, they are required to follow it unless they can prove that unusual circumstances prevented them from being able to do so. Should a person fail to meet these requirements, the employer is legally allowed to discipline or terminate that individual.

The Family and Medical Leave Act is available to individuals who work at businesses that employ at least 50 people. Individuals are given up to 12 weeks of unpaid leave each year as long as they have worked for an employer for at least 12 months and least 1,250 hours during that time. People who feel that they have been unfairly denied their rightful leave or who have been retaliated against for doing so may want to meet with an attorney to see what recourse may be available.

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