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Article Index » fmla » regulations » Notice
Report Link Third Circuit Eases Requirement for Employee Notification of Need for FMLA Leave.
Jackson Lewis LLP - January 17, 2008
An employee's oral notification to his supervisor of his potential need for surgery served as sufficient notice for leave to warrant protection under the federal Family and Medical Leave Act, the federal court of appeals in Philadelphia has held. In a decision that broadens the type of conduct sufficient to put an employer on notice of an employee's need for FMLA leave, the Third Circuit Court of Appeals vacated the lower court's grant of summary judgment for the employer on the plaintiff-employee's FMLA claim.
Report Link Seventh Circuit Revisits Adequacy of Employee Notice of Need for FMLA Leave (pdf).
Vedder Price - August 04, 2006
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).
Report Link Fifth Circuit Dismisses FMLA Suit Against Employer Citing Lack of Adequate Notice Concerning Employee's Health Condition (pdf).
Phelps Dunbar LLP - May 16, 2006
In Willis v. Coca Cola Enterprises, Inc., ___ F.3d ___, 2006 WL 827359 (5th Cir. 2006), the Fifth Circuit Court of Appeals affirmed the district court’s grant of an employer’s motion for summary judgment, finding the plaintiff, a former employee, failed to produce sufficient evidence that the employer was on notice that she had a serious health condition and, the plaintiff failed to prove her termination for violation of defendant’s “no call/no show policy” was a pretext for discrimination.
Report Link Call-In Policies and the FMLA (pdf).
Phelps Dunbar LLP - March 08, 2006
An Alabama district court recently considered whether an employer policy that required an employee to call in at least one hour before his shift began if he was unable to report to work was valid in light of the Family and Medical Leave Act (“FMLA”).
Report Link Termination Did Not Violate The FMLA (pdf).
Ogletree Deakins - December 20, 2005
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.
Report Link FMLA Update -- A Ray of Hope for Members of the Psychic Employers Network? (pdf)
Vedder Price - July 12, 2004
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.
Report Link Striking Down The Notice Requirement: Has The Supreme Court Helped Or Harmed Employers?
Schulte Roth & Zabel LLP - June 15, 2002
What happens when an employer grants an employee leave but fails to tell the employee that the leave counted as leave under the Family Medical Leave Act of 1993 ("FMLA")?
Report Link Supreme Court Rejects Penalty in the First Case Reviewed Under the Federal FMLA.
Jackson Lewis LLP - March 21, 2002
Discusses Ragsdale v. Wolverine Worldwide, Inc., in which the court invalidated Section 825.700(a) which required employers to notify employees taking medical leave that the leave would count against their FMLA entitlement.

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