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Clinkscale v. St. Therese of Hope, 8th Cir., No. 12-1223, November 13, 2012.

Articles Discussing Case:

Employee's signs of severe emotional distress and anxiety may constitute a "report" of the need for FMLA leave.

Ogletree Deakins • November 19, 2012
To state a claim of interference under the Family and Medical Leave Act (FMLA), an employee must show that he or she has put the employer on notice that an absence may be covered by the FMLA. This ordinarily means that at least verbal notice must be provided to the employer within one or two business days of the point at which the need for leave becomes known to the employee. Recently, the 8th U.S. Circuit Court of Appeals reversed summary judgment in an employer’s favor, holding that an employee’s signs of severe distress and anxiety were sufficient to inform her employer of the possible need for medical leave. Clinkscale v. St. Therese of Hope, 8th Cir., No. 12-1223, November 13, 2012.