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Doctor's Note Plus Knowledge of Workplace Incident May Have Been Sufficient Notice Under FMLA
Wolters Kluwer Law & Business May 29, 2015 "Disagreeing with a district court's determination that a police officer failed to provide sufficient notice of a serious condition qualifying him for intermittent FMLA leave, the Sixth Circuit ... found that a doctor's note limiting his workday to eight hours together with the employer's knowledge of a serious health-related incident at work (chest pains) provided evidence that his superiors were aware of his potential FMLA-qualifying condition. Further, because he provided sufficient evidence of the elements for a constructive discharge, the Sixth Circuit found that he established a fact issue as to whether he was denied a benefit under the FMLA. The grant of summary judgment on his FMLA retaliation claim was reversed as well because a reasonable jury could conclude he was targeted in such a way as to compel him to resign." [Festerman v. County of Wayne, No. 14-1950 (6th Cir. May 8, 2015; unpub.)] |
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