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De la Rama v. Illinois Dept. of Human Services, No. 07-1156 (7th Cir., Sept. 2, 2008)

Articles Discussing Case:

Calling In Sick Without Providing Additional Information is Not Sufficient to Trigger FMLA.

Ogletree Deakins • September 16, 2008
Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave during a 12-month period. The FMLA specifically prohibits employers from interfering with an employee’s attempt to exercise his or her rights under that Act. In order to exercise those rights on the basis of an employee’s own “serious medical condition,” the employee must provide notice to the employer of the seriousness of the health condition that forms the basis of the leave request. Recently, the 7th U.S. Circuit Court of Appeals found that calling in sick, without providing additional information, does not provide sufficient notice of a “serious health condition” under the FMLA.

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