FMLA Policy In Handbook Does Not Satisfy Individualized Notice Requirements Of FMLA, New Jersey District Court Holds

more+
less-

The Family and Medical Leave Act (FMLA) requires that employers provide both general notice to their employees of their rights under the FMLA and individualized notice to employees requesting or inquiring about leave. In Young v. Wackenhut Corp., 2013 WL 435971 (D.N.J., February 1, 2013), the New Jersey District Court addressed whether an employer satisfied its “individualized notice” requirements under the FMLA by maintaining a company handbook with an FMLA policy, and by posting the U.S. Department of Labor’s (DOL) FMLA poster. Ruling against the employer, the court held that the handbook summary and DOL poster complied with the general notice requirements, but not the individualized notice requirements. Upon receiving an employee’s request or inquiry about FMLA leave, an employer must provide the employee with (1) an eligibility notice, (2) a rights and responsibilities notice, and (3) a designation notice to comply with the FMLA’s individualized notice requirements—steps that had not been taken here.

Note: This article was published in the March 2013 issue of the New Jersey eAuthority.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×