Federal District Court's Treatment of Employers' FMLA Obligations Ends in a Draw
Have you, as an employer, created your own Family Medical Leave Act ("FMLA") forms for employees to complete when seeking leave? Do you expect that your employees should be keeping track of their FMLA leave, since "anyone can count from one to 12 weeks, right?" If you answered "yes" to either or both of these questions, then you may end up where Youth Consultation Services ("YCS") found itself this past December, when a federal district court deemed it to have violated its notice obligation under the FMLA. Do not despair. In the same action, the Court declined expanding the company's disability accommodation obligations and, instead, made clear to employees that a FMLA leave request does not double as a request for disability accommodation.
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