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An employee needing new and unforeseeable FMLA leave must notify the employer as soon as practicable.

January 1, 2010
Randolph v. Grange Mut. Cas. Co., 2009-Ohio-6782, 2009 Ohio App. LEXIS 5676 (10th App. Dist. Dec. 22, 2009)

An employer granted an employee suffering from reactive depression limited FMLA leave for treatment and for the period for recovery from treatment. As a result of a blackout, allegedly caused by his depression, the employee did not timely notify his employer of an absence from work, and the employee was accordingly terminated that same day. The Tenth Appellate District held that the employee's depressive episode was not in the context of obtaining treatment or recovering from treatment. Accordingly, the previously granted FMLA Certification did not apply. However, the Court of Appeals held that genuine issues of material fact existed as to the question of whether the employee notified the employer as soon as practicable of the need for new and unforeseeable FMLA leave.

Case Law Alert - 1st Qtr 2010

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