Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 27, 2013
The Firm
201-896-4100 info@sh-law.comIt specifically addresses an employers’ obligation to provide individualized notice of Family Medical Leave Act (FMLA) rights when an employee requests leave or the employer learns that an employee’s leave may be for an FMLA-qualifying reason.

In Young v. The Wackenhut Corporation, U.S. Dist. Ct. (Cavanaugh, U.S.D.J.), plaintiff Jacqueline Young alleged that her employer, The Wackenhut Corporation (TWC), interfered with her rights under the FMLA relating to the birth and subsequent care of her child. Although Young spoke with two members of the human resources staff before and during her planned leave, the employer failed to classify her leave as FMLA leave.
Young contended that her employer’s failure to provide proper notice and to classify her leave as FMLA leave prohibited her from making informed decisions about structuring her leave. She further alleged that her subsequent termination for failing to return to work at the expiration of her leave further violated her FMLA rights.
In its defense, TWC maintained that it did provide notice through its summary of rights in an employee manual as well as a poster notifying employees of their FMLA rights. It further disagreed that it had denied Young any rights under the FMLA to which she was entitled.
The Court found in favor of the plaintiff because TWC failed to advise her of FMLA rights after it knew she would be taking pregnancy leave. To establish an unlawful interference of FMLA rights, the plaintiff must merely show “impairment of her rights and resulting prejudice.”
Federal law requires that employers provide a written notice designating whether a leave will be treated as FMLA leave and detailing specific expectations and obligations for the employee. The employer may use the “Employer Response to Employee Request for Family or Medical Leave” (optional form WH-381) to meet this requirement. This employer notice should be provided to the employee within one or two business days after receiving the employee’s notice of need for leave and include the following:
In this case, the court found that “[i]ndividual notice requires much more than what TWC provided to the Plaintiff.” It noted that TWC failed to provide an eligibility notice, a “rights and responsibilities notice,” or a designation notice, as required under the FMLA. In addition, the human resources staff failed to inform Young of her calculated return to work date or the need to provide a doctor’s note prior to returning.
Provided that the law applies to the employer (it must have 50 or more employees) and that the employee has the requisite amount of service (must have worked 1,250 hours during the 12 months prior to the start of leave), the FMLA offers a pregnant employee up to 12 workweeks of unpaid, job-protected leave in a 12 month period for the birth of a son or daughter, and to bond with the newborn child. This leave entitlement carries with it two important rights: the right to continue group health coverage during the leave period AND the right to return to the employee’s employment position provided she returns promptly at the end of the leave period.
The court concluded that Young suffered unlawful prejudice because she was not afforded the opportunity to make informed decisions about her leave. As emphasized by the court, TWC’s failure to provide individualized notice, coupled with TWC’ s failure to responsively answer Young’s questions about her rights and responsibilities, prevented her from ascertaining her return to work date. “Had she been properly advised of her leave time, Plaintiff could have structured her leave time different,” the court concluded.
As this case highlights, employers must be sure to comply with the letter of the law when it comes to the FMLA. Once an employee requests FMLA leave or the employer acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason, individualized notice and proper designation of FMLA leave is required. Thus, employers should make sure that members of their human resources and management staff are properly trained about their responsibilities under the law.
Please note that this case only deals with federal law implications. There are important state law considerations to be considered whenever an employment issue is considered. Employers must comply with all applicable laws.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!