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Used all the official FMLA forms? 3rd Circuit says that may not be enough

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in FMLA Guidelines,Human Resources

The law requires employers to notify employees of their FMLA rights. Most employers routinely include the Department of Labor’s (DOL) downloadable FMLA notice to their employee handbook and follow up with the official DOL form to confirm that an employee has been placed on FMLA leave.

You might believe that, having been provided with both government documents, an employee couldn’t argue she didn’t know she was on FMLA leave or that she might lose her job if she didn’t return to work within 12 weeks. You would be wrong.

Recent case: Corinthian Colleges, a for-profit educational institution, hired Lisa as an instructor in 2004. In December 2007, her supervisor noticed that she seemed depressed and suggested she take a personal leave of absence. On a “Request for Leave Form,” Lisa specified that she was taking “personal leave” from Dec. 4 through Dec. 31, 2007.

Lisa’s boss suggested that she apply for short-term disability cove...(register to read more)

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