Courts Issue Troubling Rulings Involving FMLA Notices

December 23rd, 2014 by JBWK

Two recent cases involving the method for delivering FMLA notices to employees have raised
significant questions for employers. In August of this year, a federal Court of Appeals found that
an FMLA notice sent to an employee through the U.S. Mail provided only a weak presumption that the
employee had actually received the notice, which was negated when the employee denied receipt of the
notice. Then, in October, another court held that sending the notice by email only amounted to
constructive notice. Each court stressed the necessity of some form of proof of receipt, such as a
certified mail return receipt or an email read receipt. Employers should consider carefully these
cases when determining how to provide FMLA notices.

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