By Lisa Whitaker, JD
The U.S. 6th Circuit Court of Appeal—which covers Kentucky, Michigan, Ohio, and Tennessee—recently reminded employers that providing proper notice to employees is key to administering the Family and Medical Leave Act (FMLA).
The 6th Circuit upheld the district court’s ruling that the employer interfered with its employee’s FMLA rights when it failed to notify her of the consequences for not turning in an FMLA leave certification form.
The court reminded employers that 29 C.F.R. § 825.305(d) states, “At the time the employer requests certification, [it] must also advise an employee of the anticipated consequences of [her] failure to provide adequate certification.” Now is as good a time as any to review your FMLA certification and notice documents and procedures.