Two recent federal appeals court decisions highlight the importance of providing employees with clear, accurate information about their FMLA rights. First, the U.S. Court of Appeals for the Eighth Circuit recently held in Kobus v. The College of St. Scholastica, Inc. that a painter employed by the college could not prevail on his FMLA claims because he failed to return a completed medical certification form confirming that he had a serious medical condition. The court focused on the fact that the college's policies and the plaintiff's supervisor clearly advised the plaintiff of the certification requirement. 

On the other hand, the U.S. Court of Appeals for the D.C. Circuit ruled in McFadden v. Ballard Spahr Andrews & Ingersoll, LLP (.pdf) that a plaintiff could proceed on her claim that her employer interfered with her FMLA rights by giving her incorrect information about the amount of FMLA leave she had used. 

The employee claimed that because of this incorrect information, she opted not to take additional FMLA leave to care for her ailing husband and instead had to pay her sister to provide the needed care. Although the district court ruled for the employer, finding that the employee was never denied FMLA leave that she requested, the Court of Appeals reversed, holding that a jury could find that the employer's alleged inaccurate statements interfered with the employee's ability to exercise her FMLA rights. 

Insights for Employers

1. Make sure you clearly inform employees of their responsibilities.  Employees must be told what they are expected to do when they need to take FMLA leave. Repeated notices through multiple channels - all well documented - are your best defense against an employee's claim of ignorance or confusion. At a minimum, the necessary information should be published in your employee handbook or policy manual, and key requirements, such as whether an employee must return a medical certification, when and how they must check in while on leave, etc., should be included in the eligibility and designation notices provided to employees in response to requests for leave. Supervisors and HR personnel should be trained on these requirements and should be able to either answer any questions employees may have or refer employees to the proper resources.
2. Make sure you provide accurate information. The FMLA rules require employers to provide employees information regarding their eligibility for leave and the amount of leave they have used. As McFadden makes clear, getting this information right is vital because mistakes, even innocent ones, can interfere with an employee's ability to use FMLA leave. As inMcFadden, this could give rise to an FMLA claim even if an employer never denies an employee's request for leave.