Employment Law Monthly - November 2014

Fighting FMLA Claims: Strengthen Your Leave Protocol Now

By Deborah H. Share

A more thorough FMLA leave protocol has been shown to be a potent defense to the legal claims of an employee terminated for failure to return from leave.  In reversing the trial court, the Third Circuit recently ruled that an employee who took FMLA leave, and was subsequently terminated, was potentially provided insufficient notice of her FMLA rights and obligations.  Lupyan v. Corinthian Colleges, Inc., 761 F.3d 314 (3d Cir. 2014).