Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Return to Sender: Third Circuit Says USPS Can’t Be Trusted With FMLA Notices

Author: Scarinci Hollenbeck, LLC

Date: August 25, 2014

Key Contacts

Back

New Jersey employers typically send required legal notices by regular mail via the U.S. Postal Service (USPS). And for good reason — the “mailbox rule” of the courts has long held that a letter sent to the correct address with proper postage affixed creates the legal presumption that it was received.

FMLA Notices

A recent decision by the Third Circuit Court of Appeals, however, may alter employers’ expectations, particularly with respect to critical notices sent under the Family and Medical Leave Act (FMLA). In Lupyan v. Corinthian Colleges, Inc., the court held that sending notices via USPS may not suffice to satisfy the statute’s notice requirements.

FMLA Notice Requirements

Under the FMLA, employers must provide employees with notice of their eligibility for FMLA protection as well as their rights and responsibilities within five business daysof having enough information to determine whether the requested leave qualifies for FMLA leave. The failure to provide FMLA notices may constitute an interference, restraint or denial of the exercise of the employee’s FMLA rights. FMLA violations can result in the award of monetary damages and attorneys’ fees as well as equitable relief such as reinstatement.

The Facts of the Case

Lisa Lupyan was working as a teacher for Corinthian Colleges, Inc. when she began to suffer from depression. At the suggestion of her employer, Lupyan took a personal leave of absence from her position. After she provided medical certification of her illness, Corinthian College determined that Lunyan’s leave qualified under the FMLA and sent her the required paperwork by regular mail with the U.S. Postal Service.

When Lupyan attempted to return to work after receiving clearance from her doctor, Corinthian informed her that she had been terminated for failing to return to work within the maximum 12 weeks allowed by law. Lupyan claimed that she had no knowledge that she was on FMLA leave, and subsequently filed suit against the employer for interfering with her FMLA rights. Thus, the central issue of the case was whether she was properly notified that her leave was designated as being FMLA leave and the requirements of such leave.

The Third Circuit’s Ruling

The Third Circuit concluded that sending a legal document via certified mail provides a “strong presumption” of receipt. However, a “weaker presumption” arises where delivery is sent via regular mail for which no proof of delivery or receipt is generated. In such case, the court ruled that the presumption of receipt can be rebutted through a simple denial.

As further explained by the court:

“In this age of computerized communications and handheld devices, it is certainly not expecting too much to require businesses that wish to avoid a material dispute about the receipt of a letter to use some form of mailing that includes verifiable receipt when mailing something as important as a legally mandated notice. The negligible cost and inconvenience of doing so is dwarfed by the practical consequences and potential unfairness of simply relying on business practices in the sender’s mailroom.”

The Message for Employers

In light of the Third Circuit’s decision, employers should always use any delivery method that provides confirmation of delivery. In addition to providing written notice of applicable legal requirements, it is advisable to reinforce the notice requirement by meeting with the affected employee to discuss the employment issue, such as FMLA leave, and to answer any questions to ensure proper understanding.

If you have questions about the FMLA notices or want to ensure that your business is in compliance, please contact me, Gary Young, or the Scarinci Hollenbeck Labor and Employment attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!