Both the Third and Sixth Circuit Courts of Appeal issued decisions last month reminding employers that providing proper notices to employees is key to administering the Family and Medical Leave Act.
In Wallace v. FedEx Corporation, the Sixth Circuit upheld the district courts ruling that the employer interfered with its employees FMLA rights when it failed to notify her of the consequences of not turning in an FMLA leave certification. Similarly, in Lupyan v. Corinthian Colleges, Inc., the Third Circuit reversed a summary judgment finding in favor of the employer because there was a factual dispute regarding whether the employer had informed the employee that her leave from work had been designated as FMLA leave and that she had to return to work within 12 weeks or be terminated.
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