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
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What Should I Tell Employees on Leave About Their FMLA Usage? Everything!
When it comes to FMLA leave administration, “don’t sweat the details” is rarely a wise axiom. Details matter. A lot.
A recent decision by an Illinois federal court reinforces that lesson. In March 2015, Amanda Dusik contacted her employer, Lutheran Child and Family Services (LCFS), to request time off for knee surgery. She explained that, …
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…
DOJ Says Don’t Make Disabled Passengers Call In Advance for A Bus Ride
The U.S. Department of Justice (DOJ) has reached a settlement with DeCamp Bus Lines, a New Jersey transportation company, to ensure that bus transportation is provided on equal terms to people with disabilities. The DOJ determined that DeCamp Bus Lines violated Title III of the Americans with Disabilities Act by requiring that passengers with disabilities…
Court Rejects FMLA Notice Claims of Employee AWOL for More than a Month
The Eighth Circuit has rejected a plaintiff’s claim that she provided sufficient notice of her need for FMLA leave although she failed to contact her employer for more than a month. Bosley v. Cargill Meat Solutions Corporation (8th Cir. February 5, 2013).
On February 1, 2008, an employee with whom the plaintiff carpooled told the…