Tag Archives: FMLA notice

Is Crying at Work Sufficient Notice of an FMLA Covered Condition?

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 … Continue Reading

Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice

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 … Continue Reading

Denying Receipt of FMLA Notices May be Enough to Survive Summary Judgment

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 interference … Continue Reading