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This One's a Whopper! Court Puts Kibosh on Burger King Franchisee That Required Two Calls to Request FMLA Leave
FMLA Insights June 28, 2019 "Over the past few years, employers have scored victory after victory where they have implemented a two-phone call notice requirement and the employee has, in turn, not followed the procedure.... [N]umerous federal appellate courts have upheld the employer's right to maintain this rigorous notice obligation. Not this court.... Specifically, the court held that an employer can maintain a 'two call-in' requirement only if this approach applies across the board for all leave requests. In other words, this court determined that an employer cannot deny FMLA leave based on an FMLA notice requirement that includes more procedural hurdles than what the employer requires for other types of leave." [Moore v. GPS Hospitality Partners IV, LLC, No. 17-500 (S.D. Ala. Jun. 3, 2019)] |
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