Has this employee provided notice of FMLA leave ‘as soon as possible and practical’?

Q: “We have a policy that says you must provide one hour’s notice of your absence prior to the start time of your shift or disciplinary action will result. We have an hourly (union) employee whose start time is 3:00 pm and who called in at 2:18 pm for FMLA leave. Are we still able to write them up due to the policy infraction even though they called in for FMLA purposes?” – Randy, Iowa