Case Highlight: Employee Notice Requirements Under the FMLA


This post is one of a continuing series this week providing a useful refresher on the FMLA.

In Righi v. SMC Corporation of America, a recent decision from the United States Court of Appeals for the Eleventh District ruled that an employer could ask reasonable questions about the need, scheduling, and length of leave under the Family and Medical Leave Act (FMLA). In addition, the employee was required to provide such information in a timely manner.

In this case, the court found that the failure of an employee to respond to his employer’s request for clarification regarding a potential FMLA claim—specifically, ignoring a manager’s thirteen phone messages over the course of five days—properly led to his termination. An important fact in this case is the employer had proper FMLA policies in place, and the policy required employees to communicate with the company while on leave.

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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.

© Beth Lincow Cole | Attorney Advertising

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