Third Circuit holds that plaintiff’s assertion that she failed to receive an FMLA notice created a question of fact on an FMLA interference claim.

Plaintiff asserted that her former employer failed to comply with the FMLA when it did not provide her with the notice of her rights under the FMLA. The employer contested plaintiff’s contentions and asserted that it did, in fact, send plaintiff the notice of her rights under the FMLA. The employer further argued that it was presumed that she received the notice pursuant to the “Mailbox Rule.” The Third Circuit, however, determined that plaintiff rebutted the presumption set forth in the “Mailbox Rule” by providing an affidavit that she never received the FMLA notice. In so holding, the Third Circuit reasoned that “[i]n this age of computerized communications and handheld devices, it is certainly not expecting too much to require businesses that wish to avoid a material dispute about the receipt of a letter to use some form of mailing that includes verifiable receipt when mailing something as important as a legally mandated notice.” This opinion confirms the importance of obtaining the employee’s acknowledgement of receipt for FMLA notices (and other employment documents); otherwise, plaintiffs and their attorneys will argue that it is up to a jury to determine whether they received these documents or not.

Case Law Alerts, 1st Quarter, January 2015