• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Managing FMLA leave: Posting FMLA notice helps cut off lawsuits

Get PDF file

by on
in Centerpiece,FMLA Guidelines,Human Resources

Workers have just two years to file a lawsuit over alleged FMLA violations unless they can prove their employer willfully violated the law. If they can, they get another year to sue.

Employers that post appropriate FMLA notices alerting workers to their FMLA rights—and train managers on the FMLA—generally get the benefit of the shorter deadline.

Recent case: Rosario worked for a cleaning service. More than two years after being fired for poor attendance, but less than three years, she sued, alleging FMLA violations.

The employer asked the court to toss out the case, noting that it had posted an FMLA rights notice by the timeclock and trained managers on workers’ FMLA rights. The court agreed. The poster and training were strong evidence that the employer hadn’t willfully violated the law. (Mejia v. Roma Cleaning, et al., 2nd Cir., 2018)

Employee doesn’t return after FMLA runs out? OK to fire for violating atten...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment