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Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore
FMLA Insights Link to more items from this source
Aug. 7, 2014
"According to the court, if the College could show that Lisa actually received its FMLA correspondence, her FMLA claims would fail. The court then analyzed the strength of different forms of notice. Certified mail, for example, offers a 'strong presumption' of receipt by the addressee. Regular mail, however, assures only a 'weaker presumption.' The court determined that this 'weaker' presumption is nullified whenever the addressee's denies receipt of the mailing. Think about that: a letter is not considered delivered by regular U.S. Mail whenever the addressee proclaims he or she did not receive it. And here, Lisa's denial allowed her the opportunity to submit her FMLA claims to a jury." [Lupyan v. Corinthian Colleges Inc., No. 13-1843 (3rd Cir. Aug. 5, 2014)]

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