The Third Circuit Court of Appeal’s recent decision in Walker v. Southeastern Pennsylvania Transportation Authority is a good reminder for employers about some critical nuts and bolts of the Family and Medical Leave Act:
In its opinion, the Court emphasized that when it comes to giving notice of the need for FMLA leave “an employee need not expressly assert rights under the FMLA or even mention the ‘FMLA’” and while “simply calling in ‘sick’ without providing more information” is insufficient to trigger the protections of the FMLA, an employee who gives sufficient information for an employer to reasonably determine whether the FMLA may apply to a leave request,” has satisfied their obligation to put their employer on notice.
Likewise, the Court reminded employers that they “cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under no fault attendance policies.”
Particularly given the many highly-technical and time-sensitive requirements under the FMLA, the Third Circuit’s recent decision should serve as a reminder to all employers subject to the FMLA (generally those employers that employ 50 or more employees in 20 or more workweeks in either the current calendar year or in the previous calendar year) to take a detailed look at all of their FMLA policies, procedures and forms to ensure compliance with the law and best practices.