Legal Question in Medical Leave in Missouri

FMLA Time Off for Pregnancy

It is not clear what is significant about being "written up", but it cannot be used by the employer to take any disciplinary measure against the employee who takes leave under the Family Medical Leave Act. The Act does not prohibit an employer from keeping track of the employee's absence for FMLA reasons, but if the employer has issued disciplinary notice, a warning, or taken some other action to enforce an attendance policy against an employee who takes FMLA leave, then the employer might be in violation of Section 825.220(c) of the regulation governing enforcement of the FMLA, which states, in relevant part: "An employer is prohibited from discriminating against employees who have used FMLA leave...By the same token, employers cannot usethe taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under 'no fault' attendance policies." The employer cannot avoid this with the ruse of a "paper trail, should any problems arise", because the only problems where the "written up" notice would be significant is to enforce an attendance policy or for work performance review. On the other hand, if the circumstances were such that the father left without notice, due to the unpredictability of birth, then it might be justifiable for the employer to conditionally issue a notice of absence until it receives notice that the employee requires leave, as required under Section 825.303 of the regulations. It is the responsibility of the employer to obtain information to determine whether the leave is FMLA leave. The employee is required to provide information regarding the reasons for the leave. By the time of your husband's review, the employer should have had enough information that it should remove the disciplinary action. You should consult an attorney in you area and the U.S. Department of Labor Wage & Hour Division, to determine whether and how your rights are affected. The Wage & Hour Division likely will have an office in a major city in your state.