{"id":555,"date":"2014-10-23T00:00:00","date_gmt":"2014-10-23T04:00:00","guid":{"rendered":"http:\/\/events-lindabury.blawgcloud.com\/2014\/10\/third-circuit-slams-employer-for-inability-to-prove-fmla-notices-to-employee-were-received.html"},"modified":"2016-08-24T11:36:33","modified_gmt":"2016-08-24T15:36:33","slug":"third-circuit-slams-employer-for-inability-to-prove-fmla-notices-to-employee-were-received","status":"publish","type":"post","link":"https:\/\/www.lindabury.com\/firm\/insights\/third-circuit-slams-employer-for-inability-to-prove-fmla-notices-to-employee-were-received.html","title":{"rendered":"Third Circuit Slams Employer for Inability to Prove FMLA Notices to Employee Were Received"},"content":{"rendered":"<p><strong>By: <a href=\"https:\/\/www.lindabury.com\/attorneys\/Eric_Levine\/\">Eric Levine, Esq.<\/a><\/strong><\/p>\n<p>In its recent decision in  the Third Circuit Court of Appeals (which includes New Jersey) issued a ruling that signals heightened obligations for employers communicating with employees about their rights under the <a href=\"https:\/\/www.lindabury.com\/resources\/Happy_20th_Birthday_FMLA\/\">Family Medical Leave Act (&ldquo;FMLA&rdquo;)<\/a>. Prior to that ruling, employers typically relied upon the &ldquo;Mailbox Rule&rdquo; (which presumes receipt of a letter properly deposited into the U. S. Mail) as evidence that mandated FMLA notices were received by employees. After , however, the Mailbox Rule&rsquo;s viability in the FMLA context is questionable, and prudent employers should institute procedures to insure that FMLA notices are served by certified mail or other method of traceable transmission so that actual receipt by the employee can be established.<\/p>\n<p><strong>The Facts: <\/strong>Lisa Lupyan was an instructor for Corinthian Colleges, Inc. (&ldquo;CCI&rdquo;). In 2007, Ms. Lupyan requested a personal leave of absence to recover from depression, and thereafter provided CCI with a physician&rsquo;s certification of a mental health condition. As a result, CCI determined that Ms. Lupyan was eligible for FMLA leave as opposed to using her personal leave allotment.<\/p>\n<div class=\"read_more_link\"><a href=\"https:\/\/www.lindabury.com\/firm\/insights\/third-circuit-slams-employer-for-inability-to-prove-fmla-notices-to-employee-were-received.html\"  title=\"Continue Reading Third Circuit Slams Employer for Inability to Prove FMLA Notices to Employee Were Received\" class=\"more-link\">Continue Reading \u203a<\/a><\/div>\n","protected":false},"excerpt":{"rendered":"<p>By: Eric Levine, Esq. In its recent decision in the Third Circuit Court of Appeals (which includes New Jersey) issued a ruling that signals heightened obligations for employers communicating with employees about their rights under the Family Medical Leave Act (&ldquo;FMLA&rdquo;). Prior to that ruling, employers typically relied upon the &ldquo;Mailbox Rule&rdquo; (which presumes receipt [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[88,65,247],"tags":[],"coauthors":[178],"class_list":["post-555","post","type-post","status-publish","format-standard","hentry","category-levine","category-insights","category-labor-employment-insights"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Third Circuit Slams Employer for Inability to Prove FMLA Notices to Employee Were Received &#8212; October 23, 2014 &#8212; Lindabury, McCormick, Estabrook &amp; Cooper, P.C. Firm News &amp; Events<\/title>\n<meta name=\"description\" content=\"By: Eric Levine, Esq. In its recent decision in the Third Circuit Court of Appeals (which includes New Jersey) issued a ruling that signals heightened\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.lindabury.com\/firm\/insights\/third-circuit-slams-employer-for-inability-to-prove-fmla-notices-to-employee-were-received.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Third Circuit Slams Employer for Inability to Prove FMLA Notices to Employee Were Received &#8212; October 23, 2014 &#8212; Lindabury, McCormick, Estabrook &amp; Cooper, P.C. Firm News &amp; Events\" \/>\n<meta property=\"og:description\" content=\"By: Eric Levine, Esq. In its recent decision in the Third Circuit Court of Appeals (which includes New Jersey) issued a ruling that signals heightened\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.lindabury.com\/firm\/insights\/third-circuit-slams-employer-for-inability-to-prove-fmla-notices-to-employee-were-received.html\" \/>\n<meta property=\"og:site_name\" content=\"Lindabury, McCormick, Estabrook &amp; Cooper, P.C. Firm News &amp; Events\" \/>\n<meta property=\"article:published_time\" content=\"2014-10-23T04:00:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2016-08-24T15:36:33+00:00\" \/>\n<meta name=\"author\" content=\"Eric B. Levine\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Eric B. Levine\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Third Circuit Slams Employer for Inability to Prove FMLA Notices to Employee Were Received &#8212; October 23, 2014 &#8212; Lindabury, McCormick, Estabrook &amp; Cooper, P.C. Firm News &amp; Events","description":"By: Eric Levine, Esq. In its recent decision in the Third Circuit Court of Appeals (which includes New Jersey) issued a ruling that signals heightened","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.lindabury.com\/firm\/insights\/third-circuit-slams-employer-for-inability-to-prove-fmla-notices-to-employee-were-received.html","og_locale":"en_US","og_type":"article","og_title":"Third Circuit Slams Employer for Inability to Prove FMLA Notices to Employee Were Received &#8212; October 23, 2014 &#8212; Lindabury, McCormick, Estabrook &amp; Cooper, P.C. Firm News &amp; Events","og_description":"By: Eric Levine, Esq. In its recent decision in the Third Circuit Court of Appeals (which includes New Jersey) issued a ruling that signals heightened","og_url":"https:\/\/www.lindabury.com\/firm\/insights\/third-circuit-slams-employer-for-inability-to-prove-fmla-notices-to-employee-were-received.html","og_site_name":"Lindabury, McCormick, Estabrook &amp; Cooper, P.C. Firm News &amp; Events","article_published_time":"2014-10-23T04:00:00+00:00","article_modified_time":"2016-08-24T15:36:33+00:00","author":"Eric B. Levine","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Eric B. 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