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What's an Employer to Do When It Realizes It Failed to Designate FMLA Leave?
FMLA InsightsLink to more items from this source
Sept. 16, 2021

"The court ... took a rather pragmatic approach. On one hand, the employer technically violated the FMLA when it failed to provide [the employee] proper and timely FMLA notices, but this inaction does not create a standalone FMLA claim. On the other hand, [the employee] failed to provide any evidence that she actually was harmed by the employer's failure to provide proper notice. For the court, nothing was lost, nor was any harm suffered, by reason of the failure to provide proper and timely notices." [Jergens v. Marias Medical Center, No. 20-015 (D. Mont. Jul. 30, 2021)]

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