Quick Results
In the News

David Gevertz Talks with American Bar Association About Email Notification Under FMLA

Share

Emailing a request to an employee to recertify her health condition under the Family Medical Leave Act (FMLA) may now be insufficient to comply with the statute's notice requirements. In Gardner v. Detroit Entertainment, the U. S. District Court for the Eastern District of Michigan denied an employer's motion for summary judgment where the employee claimed that she did not recertify her health condition because she had not opened the employer's email requesting recertification. Observers say the decision indicates that actual notice may now be required to satisfy the FMLA’s notice requirements.

In this American Bar Association article, David Gevertz, chair of the Employment Subcommittee of the ABA Section of Litigation's Civil Rights Litigation Committee, comments on the case.

The district court's reliance on actual notice may result in a "grave disservice" to employers "given email's prevalence and widespread acceptance in the business world," warns Mr. Gevertz.

Read the Article

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept