Professional Service Agreement

Employees Must Comply with FMLA Notice Requirements

October 16, 2018

The U.S. Court of Appeals for the Fifth Circuit has affirmed an employer’s right to condition the grant of leave under the Family and Medical Leave Act (FMLA) on compliance with the employer’s “usual notice and procedural requirements.” The employee had reported that she would be missing four days of work because of illness, and was provided an FMLA eligibility notice. The employer’s policy required employees to submit an FMLA application within 15 days of receiving an FMLA eligibility notice. Because the employee failed to submit the application, the court found that the employee had not provided notice of her need for FMLA leave, which resulted in the dismissal of her FMLA interference claim.