Under the Family Medical Leave Act (“FMLA”), the process for providing an employee with leave arguably generates enough paper to defoliate a small forest. Among the mound of paper, is the important notice letter, which designates an employee’s absence as leave under the FMLA.
An issue that implicates both the FMLA and OSHA? Normally, I’d yawn and take a cat nap along with you.
You may recall my post on August 8, 2014 about the Lupyan v. Corinthian Colleges, Inc. case in which the Third Circuit Court of Appeals reversed a summary judgment in favor of the employer when the employee claimed she never received an FMLA designation letter that her employer claims it mailed to her via first class mail.
We have a mini-FMLA crisis on our hands this week, and the courts are to blame. This issue involves the FMLA notices that employers send to employees, but more importantly, the delivery route in which they send them.
Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute “paid or unpaid leave of any other type provided by the employer” for the unpaid leave provided by the law.