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Report Link DOL Opinion Letter Addresses Notice Required from Employees Seeking FMLA Leave.Ford & Harrison LLP - May 18, 2009 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. Report Link Employer Not Required To Play “Sherlock Holmes” To Detect FMLA Leave.Barker Olmsted & Barnier - October 06, 2008 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. Report Link 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. 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 Employer's Advance Notice Policy Violated Employee's FMLA Rights (pdf).Buchanan Ingersoll & Rooney PC - May 19, 2006 A federal district court recently held
that an employer violated the Family
and Medical Leave Act (FMLA) by
requiring an employee to provide two
weeks advance notice of the use of
vacation time in order to receive pay for
time off taken pursuant to FMLA. 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 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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ArticlesFound: 11 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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