Topical FMLA Archive

Employee Notice Requirements

• CARTER v. FORD MOTOR CO., et al.
  U.S. Court of Appeals Eighth Circuit, 3 WH Cases2d 1828, 7/15/1997, No. 96-3668
  
  Employer did not violate FMLA when it discharged employee who had been diagnosed as suffering from anxiety and depression, even if employee had serious health condition within meaning of act, where he did not give employer adequate notice of his need to take leave due to that illness. Employee's wife/co-worker called employer on first day of employee's absence and said that she was sick and that she and her husband would be out for awhile. Employee informed labor relations office five days later that he would be out, but he offered no further information and stated that he did not know when he would return.
  
  
• GAY v. GILMAN PAPER COMPANY, dba GILMAN CONVERTED PRODUCTS
  U.S. Court of Appeals Eleventh Circuit, 4 WH Cases2d 289, 10/29/1997, No. 96-9490
  
  Employee who was admitted to psychiatric hospital to receive treatment for nervous breakdown did not provide sufficient notice to put employer that her condition was potentially FMLA-qualifying, thus burden did not shift to employer to inquire further as to whether her absence qualified under the Act. Employee's husband, on first day of employee's absence, informed employer that employee was having some tests run, and he deliberately withheld information concerning true nature of employee's condition and instructed his sons to do the same.
  
  
• SATTERFIELD v. WAL-MART STORES, INC.
  U.S. Court of Appeals Fifth Circuit, 4 WH Cases2d 678, 2/25/1998, No. 97-40135
  
  Employee did not reasonably apprise employer of request to take time off for serious health condition under FMLA since the only information employee provided to employer, prior to its decision to discharge her for excessive unexcused absences, was statement by her mother. Employee did not contact employer until twelve days later and doctor's note she provided at that time did not state that condition for which she was being treated necessitated her absence on day her mother delivered note.