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Righi v. SMC Corporation of America (7th Cir. 2011)

Articles Discussing Case:

Employee's Failure to Return Supervisor's Phone Calls Dooms FMLA Claim

Franczek Radelet P.C • February 28, 2011
When an employee's request for medical leave is vague or is unclear, the Family and Medical Leave Act regulations specifically allow (in fact, they require) the employer to question the employee further to determine whether the absence potentially qualifies under the FMLA. When the employee fails to respond to these reasonable inquiries, the employee may lose the right to FMLA protection.

Employee's failure to respond to phone calls from employer regarding his request for FMLA leave precludes a claim against employer under that Act.

Ogletree Deakins • February 28, 2011
Most employers recognize that the Family and Medical Leave Act (FMLA) prohibits them from denying, restraining, or interfering with an employee’s rights to qualified leave. Last week’s Update addressed a situation in which an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with that employee’s FMLA rights.

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