Compliance Stuff

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...

he Family and Medical Leave Act (FMLA) provides important protections for employees with serious health conditions, and notice to the employer is required in order to trigger those protections . But what constitutes adequate notice? A recent case from the U.S. Court of Appeals for the Third Circuit provides guidance on this tricky issue. Quick Hits Notice of the need for FMLA leave does not require specific language or explicit reference to the FMLA. Employers may want to ensure that managers and other administrative personnel who deal with leave and absences are trained to recognize when the FMLA might be in play and to record accurately the stated reasons for the leave. Employers cannot penalize employees for FMLA-protected absences. Background On the Case In  Walker v. Southeastern Pennsylvania Transportation Authority ,a former bus driver for Southeastern Pennsylvania Transit Authority (SEPTA), suffered from sickle cell anemia, which can flare up with severe pain. He had prev...