Employees who take FMLA leave may be required to comply with the employer’s usual and customary notice and procedural requirements for requesting leave. If the employee does not follow these requirements, the employer may delay or deny FMLA-protected leave. But what happens if the employer’s policy has different notice requirements for FMLA leave than for
FMLA notice
Is Crying at Work Sufficient Notice of an FMLA Covered Condition?
By Tasos C. Paindiris on
Posted in FMLA, Health Management
It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the law requires the employer to take action to notify an employee of FMLA rights when the employer acquires knowledge that an employee’s leave may be…
Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice
By Tasos C. Paindiris on
We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice? On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt. In Antoine v. Amick Farms, LLC the plaintiffs claim that a class of employees…
Denying Receipt of FMLA Notices May be Enough to Survive Summary Judgment
By Jackson Lewis P.C. on
Posted in FMLA
An employee’s denial of receipt of mailed FMLA notices can create an issue of fact for the jury, allowing FMLA claims to survive summary judgment, the Third Circuit held last week. Lupyan v. Corinthian Colleges, Inc., (3rd Cir. August 5, 2014).
The district court had previously granted summary judgment to Corinthian on Lupyan’s FMLA…