Call-In Requirements Upheld: Kentucky, Michigan and Ohio

An employee who did not follow his employer’s call-in requirements under its attendance policy or provide an appropriate medical certification supporting his need for leave under the federal Family and Medical Leave Act has failed to establish a claim for interference with his FMLA rights. The Court ruled that an employer may enforce its customary notice and attendance procedures against an employee claiming FMLA-protected leave, unless unusual circumstances justify the employee’s failure to comply with the requirements.