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Sixth Circuit Defines Foreseeable vs. Unforeseeable FMLA Intermittent Leave
Godfrey & Kahn S.C. 
Dec. 15, 2022 "[I]nformation on the certification shared with the employer and words used by employees to explain an absence both matter to the proper administration of FMLA leave.... [An] employee cannot be faulted for failing to comply with company policy if the policy is unclear or the employee lacked notice of the policy.... If leave is unforeseeable, and it is the first time the employee is seeking leave for an FMLA-qualifying reason, they are not required to assert FMLA rights or even mention the act." [Render v. FCA US LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)] |
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