By Jerrald L. Shivers, The Kullman Firm
When an employer learns that an employee’s absence might qualify for Family and Medical Leave Act (FMLA) leave, it is required to give him certain notifications. If the employee denies receiving the notifications, the employer must have a way of proving they were given to him.
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Facts
Sammy Mozingo, a field supervisor for Oil States Energy (OSE), was assigned to a jobsite in Pennsylvania. His job required him to work in Pennsylvania for 30 days. After the 30 days, he had 10 days off and could return to his home in Mississippi at the company’s expense.
In January 2012, Mozingo’s wife, who had remained in Mississippi, had a health emergency. Mozingo filled out OSE’s FMLA forms, took several weeks of FMLA leave to care for his wife in Mississippi, and returned to work in March.
On May 15, 2012, while working in Pennsylvania, Mozingo learned that his father was behaving erratically. He requested and was granted time off to return to Mississippi and care for his father.
OSE claimed it moved Mozingo’s usual 10 days off forward and sent him FMLA forms to fill out in case he wanted to care for his father for longer than 10 days. Mozingo, however, claimed he never received the forms. He did not return to work, and OSE terminated his employment.