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Is an Employee's Text Enough to Establish Notice of Need for FMLA Leave?
FMLA InsightsLink to more items from this source
June 4, 2015

"Although the trial court had dismissed Delbert's FMLA claims, the appellate court breathed life into his case, finding that Delbert's vague text message and vague report from his girlfriend could have constituted notice of the need for FMLA leave.... Bucking precedent established by other courts, this court ignored Tyson's unambiguous call-in policy and allowed an employee 's personal texting practice to trump the Company's call-in policy.... The court certainly was influenced by evidence indicating that Delbert and his supervisor regularly communicated by text message and, in particular, on previous occasions when he would be absent." [Hudson v. Tyson Fresh Meats, Inc., No. 14-1852 (8th Cir. May 22, 2015)]

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