Employers Must Be Careful to Provide Proper FMLA Notices
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Friday, December 26, 2014 |
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Many employers use the U.S. Postal Service and/or e-mail to send the notices to employees requesting Family and Medical Leave Act (FMLA). Two recent federal court decisions will cause many employers to reexamine their notification practices and opt for a method of delivery that can be verified.
The FMLA requires a specific notice to those employees seeking to exercise their rights under FMLA. While many courts recognize a presumption that a document sent by U.S. mail was received by the recipient, the Third Circuit in Lupyan v. Corinthian Colleges stated that this presumption is not necessarily the case. In Gardner v. Detroit Entertainment the District Court for the Eastern District of Michigan held that transmitting FMLA notices by e-mail, without any proof that the e-mail had been opened and received by the employee, could only constitute proof of "constructive" as opposed to "actual" notice of an FMLA-related communication.
In light of these decisions, employers should consider transmitting FMLA notices by registered or certified mail, requiring a return receipt, or by using some other method by which receipt can be verified.
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