Warrick & Boyn, LLP, Elkhart, Indiana

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Did You Know that FMLA Notices can be Given on Facebook Messenger?

October 24, 2022

Employers can specify the means by which employees must provide notice of their need to take
leave under the Family and Medical Leave Act (FMLA). Written policies specifying permissible forms of notice, however, will not limit employees from using other methods if supervisors accept them in practice.

The Fourth U.S. Circuit Court of Appeals recently ruled that a supervisor who permitted notification of leave requests through Facebook Messenger may have made that a customary notice mechanism, despite the company having a call-in policy allowing the employee’s FMLA claims to proceed.

The plaintiff sued Gestamp, a multi-national auto parts manufacturer, for FMLA interference and retaliation, and wrongful discharge. Gestamp moved for summary judgment which the district court granted. The district court found that the plaintiff failed to notify Gestamp of his need for an FMLA absence through the approved call-in line. It relied upon FMLA regulations that allow employers to specify usual and customary notice and procedural requirements for requesting leave, including a call-in number.

The Fourth Circuit found, however, that what is usual and customary for the employer cannot be determined based solely on its written policies. Instead, courts must also consider how the
company actually allows its employees to ask for leave in practice.

The plaintiff presented evidence that he had previously been allowed to communicate leave
requests through Facebook Messenger. Therefore, the Fourth Circuit reversed the district court’s grant of summary judgment and the plaintiff’s claims were allowed to proceed.

If you have questions regarding this or any other matter, please contact Dean Leazenby at Warrick & Boyn, LLP.

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← Are You Properly Maintaining Your Employees’ Confidentiality Under the FMLA and the ADA? EEOC Releases Updated ‘Know Your Rights’ Poster →

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Warrick & Boyn, LLP

861 Parkway Avenue
Elkhart, Indiana 46516
P • (574) 294-7491
F • (574) 294-7284

Warrick & Boyn, LLP

3 days ago

Warrick & Boyn, LLP
It was a great day out for the team recently when we attended the Elkhart City Bar Association's Law Day. Warrick & Boyn attorney, Rachel Schnetzler, took part in planning the event, and we are grateful to the Hon. Michael G. Gotsch Sr. for providing the enlightening keynote address. And thanks to Antonios Italian Ristorante for the delicious lunch! ... See MoreSee Less
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Warrick & Boyn, LLP

5 days ago

Warrick & Boyn, LLP
Nothing beats getting out and connecting with the businesses and organizations that make Michiana so special! Our attorneys, Chris Pottratz, Rachel Schnetzler, Jamie Richardson, and Ashli Hunsberger, had a fantastic time last week at the Nuway Construction 50th anniversary open house. Fifty years of building excellence in our community is certainly something to celebrate!And we're tremendously proud of our attorney, Ashli Hunsberger, who recently put her talents to work for a great cause! Ashli was part of a team of local professionals who organized the Women's Empowerment Brunch, benefiting Rose Garden Recovery Community, at the beautiful Hotel Elkhart, Tapestry Collection by Hilton. When business professionals step beyond the office to engage in our community, everyone benefits. At Warrick & Boyn, we are proud to invest our talents in causes that strengthen the fabric of Michiana, reflecting our firm's century-long commitment to both business excellence and community spirit across Michiana. ... See MoreSee Less
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