The Federal Sector FMLA Blog posts about Brown v. The Pension Boards, United Church of Christ, a New York case where the court dismissed the employee’s case. The reason? The employee/plaintiff had his mom and sister report his need for FMLA leave, during his absence, to the employer.
The lesson? Unless you’re unconscious, pick up the phone and tell your boss you need FMLA leave.
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You’d think the plaintiff’s attorney would have done more to argue the plaintiff’s incapacity.
Nonetheless, cases such as this one should serve as fair warning for employees to email/write their request for FMLA leave. Don’t assume anything.