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Sixth Circuit Throws Up a Flare for Intermittent FMLA Leave Compliance (PDF)
Fisher Phillips, via Employee Benefit Plan Review Mar. 3, 2023 "[The Sixth Circuit] ruled that an employee had provided sufficient notice for his need for intermittent [FMLA] leave and subsequent absences due to 'flare ups' of recurrent depression -- even though he had only provided that notice the first time he sought approval for the leave. [The court] found that the employee did not have to give any 'formal notice' each time he called into to use the FMLA leave in order to be protected by the statute. When you combine the nuances of 'intermittent leave' under the FMLA with the ongoing mental health crisis gripping many of those in the U.S. workforce, this decision is bound to create problems for employers." [Render v. FCA US LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)] |
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