Failure to provide individualized notice of FMLA rights can support interference claim.

The plaintiff was terminated following her failure to return to work following the exhaustion of her approved FMLA leave. The plaintiff asserted she was not provided with individualized notice of her return-to-work date and that, had she been so notified, she would have structured her leave such that she would have returned to work within the required deadline. Wackenhut argued that it met the individualized notice requirement of the FMLA by including a summary statement of the plan in the employee handbook. In rejecting Wackenhut's argument, Judge Cavanaugh concluded that the FMLA requires individualized notice to an employee, which includes the date upon which their leave will expire so that the employee can structure their leave accordingly.

Case Law Alerts - 2nd Quarter 2013