As (most) FMLA-covered employers know, once an employee requests Family and Medical Leave Act Leave, there are certain notices that are required.
FMLA regulations require that an employer tell an employee, in writing, when certification forms must be returned and the consequences of failing to do so. Recently, a federal appellate court upheld and enforced those requirements.
We noted last year that 20 years after the original passage of the Family and Medical Leave Act (“FMLA”), the Department of Labor issued a survey report lauding the effectiveness of the law and the positive impact it has had on the American workforce. One of the most interesting points from that survey report was the assertion that most employers purportedly reported experiencing “little to no negative impact from the FMLA,” which caused at least this author to wonder what employers the DOL surveyed, particularly when the perception among many is that the FMLA has become a source of regular employee abuse.
Some employers believe that an employee who is out on FMLA cannot be disciplined or terminated.
In a recent case decided by the United States Court of Appeals for the Third Circuit, Lupyan v. Corinthian Colleges Inc., an employee who did not return to work until after her 12 weeks of leave under the Family and Medical Leave Act (FMLA) had expired was able to avoid summary judgment against her because her employer was unable to come up with any hard evidence that she had actually received the FMLA notices mailed to her while on leave.