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Labor & Employment Law

: New York Public Personnel Law

U.S. Circuit Court of Appeals, 3rd Circuit, issues a primer on FMLA notice requirements

By Harvey Randall, Esq.

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U.S. Circuit Court of Appeals, 3rd Circuit, issues a primer on FMLA notice requirements
Source: Adjunct Law Prof Blog: http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Sarnowski v. Air Brooke Limousine, ___F.3d___(3d Cir. Dec. 12, 2007), is an important FMLA case. The FMLA, of course, requires that employees provide 30 days notice and when that is not possible the employee must provide as much notice as possible. But, how is this notice to be given and what must the notice state? These are issues extensively explored in Air Brooke Limousine.

The case demonstrates that written notice is not required (but is recommended) and that no magic words are necessary. The employee, however, must provide sufficient notice of the need for the leave. The court extensively reviews the law in this area and provides many helpful cites for researchers.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on January 24, 2008 (boomark / email).