HR Management & Compliance

Employer’s Failure to Provide Job Restoration Notice Keeps FMLA Claim Alive

By Kate McGovern Tornone, Editor

A federal appeals court has allowed an employee to proceed with his Family and Medical Leave Act (FMLA) claims because his employer failed to provide him with the mandatory job restoration notice.

John Vannoy, an employee of the Federal Reserve Bank of Richmond, entered a 30-day rehabilitation program for depression at his doctor’s recommendation. He submitted an application for 30 days of short-term disability and the employer informed him that he was approved for both that and 30 days of FMLA leave.

Vannoy took only 5 days’ leave and returned to work, saying he was afraid of losing his job. The employer reassured him that his job was not in jeopardy but he returned to work anyway.

When he didn’t show up for a work assignment a few days later, the employer placed Vannoy on a performance improvement plan. After failing to meet the plan’s requirements and then leaving work without permission one day, he was fired.

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