Flexible Leave Estimates and Mandatory Notice Requirements: FMLA Lessons From the Sixth Circuit
What kind of notice must employees provide to their employer when taking leave under the Family and Medical Leave Act? And how strictly may an employer rely on a doctor’s certification regarding the amount of FMLA leave an employee requires? A recent decision, Jackson v. United States Postal Service , from the U.S. Court of Appeals for the Sixth Circuit, provides guidance on these difficult questions. Quick Hits The U.S. Court of Appeals for the Sixth Circuit’s opinion in Jackson v. United States Postal Service provides guidance to employers on FMLA notice requirements and certifications. Employers may wish to ensure that actual practices align with written notice procedures and enforce those procedures consistently. For unforeseen intermittent leave under the FMLA , a healthcare provider’s certification provides only an estimate of leave and not an absolute limi t. Background The employee, Kristopher Jackson, suffers from sickle cell anemia, which can flare up unpredi...