FMLA employer notice obligation concerning terms and duration of leave.

The plaintiff took an approved medical leave and, while on leave, was required to complete an FMLA certification form. Notwithstanding a clear understanding that the plaintiff was eligible for FMLA protected leave, the employer never notified the plaintiff of her rights to up to 12 weeks of leave or when the 12-week leave would expire. Following the expiration of 12 weeks, the plaintiff was terminated, even though she was cleared to return to work eight days later. In denying a motion to dismiss, the court concluded that the failure to provide notice of the 12-week leave entitlement and notice of the date when the leave would expire created a prima facia interference claim under the FMLA.

Case Law Alert - 3rd Qtr 2012