Compliance Memos: March 2017

DMEC Staff@Work

Compliance Memos_March 2017By John C. Garner, CEBS, CLU, CFCI, CMC

Chief Compliance Officer
Bolton & Co.

6th Circuit: Failure to Provide FMLA Notice Is Interference

In Casagrande vs. OhioHealth, the employer failed to provide a required Family and Medical Leave Act (FMLA) designation notice that would have explained its fitness-for-duty certification requirement. Casagrande attempted to return to work (RTW) not knowing about the requirement; failure to provide the notice was held to be interference with his FMLA rights. The case had several complications. Casagrande had not reached 12 months of employment to qualify for FMLA protection when his RTW process began. His two medical leaves of absence were surrounded by significant performance issues. Unknown to the employer, his leave time did count toward FMLA qualification, and he crossed that threshold before termination. To learn more, visit http://dmec.org/2017/02/07/6th-circuit-failure-provide-fmla-notice-interference/.

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