News Notes: Worker’s Naps May Indicate Need For FMLA Leave

After four years of exemplary employment, John Byrne, an Avon Products Inc. engineer, began to fall asleep on the job and was fired. It turned out he was suffering from depression. He was quickly hospitalized and recovered. Byrne charged in a lawsuit his termination violated the Family and Medical Leave Act because his abrupt change in behavior should have been a sign he needed medical leave. Avon argued Byrne was obligated to request FMLA leave. A federal appeals court has now ruled Byrne’s sudden behavior shift might have been sufficient notice of his need for leave—and that his lawsuit can proceed. The court explained that it’s enough under the FMLA if an employer knows of the worker’s need for leave, even if the worker doesn’t demand it.