Another federal appeals court has struck down Labor Department regulations that say the clock doesn't start ticking on an employee's allowableAct ( ) leave if the company fails to notify the worker properly that the absence will count as .
A company already had provided seven months of leave time under its policy, and the 8th U.S. Circuit Court of Appeals says FMLA guarantees only 12 weeks. (Ragsdale v. Wolverine Worldwide Inc., No. 99-3319, 8th Cir., 2000)
The 11th Circuit struck down the rule last year. The 6th Circuit, however, upheld Labor'sthis year
Advice: It's still good company policy to notify workers in advance when time off will count against their FMLA leave.
- Feel free to deny employees' FMLA leave requests that aren't legitimate under the law
- Can you be personally sued for an FMLA mistake?
- Check eligibility before sending FMLA letter
- Remind supervisors: Absolutely no comments about employee's pending EEOC complaint
- How should we handle a termination when both the FMLA and short-term disability are in play?