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Sixth Circuit Clarifies Notice Requirements for FMLA Intermittent Leave
Frost Brown Todd LLC 
Jan. 16, 2023 "The court explained the unforeseeable leave regulation 'never mentions intermittent leave.' However, the foreseeable leave regulation includes specific procedures that apply to intermittent leave requests. Based on its interpretation of those two regulations, the court held intermittent leave is a type of foreseeable leave.... The court reiterated employers can establish call-in procedures and may deny FMLA leave if an employee fails to follow them. However, an employee cannot be faulted for failing to comply with such a policy if it is unclear or the employee lacked notice of it." [Render v. FCA US LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)] |
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