Coronavirus (COVID-19) News and Resources
Coronavirus (COVID-19) Webcasts
Subscribe to Free Daily Newsletters
Post a Job

Featured Jobs

Retirement Plan Processor
T Bank NA logo
T Bank NA
(Dallas TX)
Defined Contribution Account Manager
Nova 401(k) Associates logo
Nova 401(k) Associates
(Houston TX / Dallas TX / Scottsdale AZ / Telecommute)

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Get the BenefitsLink app LinkedIn

<< Previous news item   |   Next news item >>

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)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2020, Inc.