Total Articles: 8
Impaired employee may be excused from heightened reporting requirement for FMLA leave.
The 5th U.S. Circuit Court of Appeal has held that an impaired individual may not be required to comply directly with her employer’s heightened reporting requirements associated with FMLA leave.
The Importance of Clear, Accurate Notices
Two recent federal appeals court decisions highlight the importance of providing employees with clear, accurate information about their FMLA rights. First, the U.S. Court of Appeals for the Eighth Circuit recently held in Kobus v. The College of St. Scholastica, Inc. that a painter employed by the college could not prevail on his FMLA claims because he failed to return a completed medical certification form confirming that he had a serious medical condition. The court focused on the fact that the college's policies and the plaintiff's supervisor clearly advised the plaintiff of the certification requirement.
DOL Opinion Letter Addresses Notice Required from Employees Seeking FMLA Leave.
On May 5, 2009, the Department of Labor (DOL) released a Wage and Hour Opinion Letter clarifying how much advance notice employees must provide when requesting leave under the Family and Medical Leave Act (FMLA). The recently released letter (dated January 6, 2009, but not released until May 5, 2009) clarifies that when it is not possible for an employee to give 30 days advance notice of the need for leave, the employee must comply with the employer's internal policies and procedures for requesting leave, as long as it is practicable to do so. The new opinion letter also rescinds a prior DOL opinion letter to the extent that the earlier letter established a two-business-day rule for notice of employees' need for FMLA leave.
Employer Not Required To Play “Sherlock Holmes” To Detect FMLA Leave.
Ideally, when an employee wants to take FMLA leave, he or she should specifically ask for it. But that does not always happen. Sometimes the employer is left guessing. A number of FMLA cases have held that employers are on notice of FMLA leaves when they receive information about serious medical conditions, extended hospital stays, or indication that the employee is too disabled to request leave.
Calling In Sick Without Providing Additional Information is Not Sufficient to Trigger FMLA.
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.
Seventh Circuit Revisits Adequacy of Employee Notice of Need for FMLA Leave (pdf).
A recent Seventh Circuit decision suggests that the
court may be aware of the concern it caused employers
regarding Family Medical Leave Act notice when it
decided Byrne v. Avon Products, No. 02-2626 (7th
Cir. May 9, 2003).
Termination Did Not Violate The FMLA (pdf).
The federal appellate court with
jurisdiction over Georgia employers
recently dismissed a lawsuit brought
by an employee who was denied leave
under the Family and Medical Leave
Act (FMLA) to care for her pregnant
daughter. According to the Eleventh
Circuit Court of Appeals, the worker
failed to provide sufficient notice to
her employer that she was requesting
leave for a potentially FMLA-qualifying
reason.
FMLA Update -- A Ray of Hope for Members of the Psychic Employers Network? (pdf)
Faced with what appears to be an ever-expanding series of leave entitlements and regulations, many employers are finding it increasingly difficult to determine eligibility for leave under the Family and Medical Leave Act ("FMLA") in those situations where the employee provides inadequate notice before beginning leave as well as little or no information pertaining to the reason the leave is needed.
