FMLA Developments, Part 2

Another instance of FMLA news this week is far more serious. The US Third Circuit Court of Appeals set aside the longstanding “mailbox rule” that posited properly directed mail that reached a post office or the hands of a letter carrier was sufficient to presume that the letter reached the person to whom it was addressed.
Citing the availability of modern communication media that allow for verifiable receipts, the court tossed out an employer’s assertion that they had properly directed notice of an employee’s status and rights under the FMLA. The employee suing claimed she had never received the letter.
The case was remanded to a lower court where the article predicts an expensive outcome either from a trial or settlement.
The bottom line: make sure your mailings involving mandated notifications include a verifiable receipt.
The court’s decision is posted here.


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