FMLA notice does not have to comply with Employers heightened notice requirements

The Fifth Circuit has reversed a grant of summary judgment to a FMLA employer which terminated a covered employee for not following the employer's own internal notification process. The employee, who suffered from a serious mental incapacitation, and whose mother, as court appointed guardian, communicated with the employer, according to the  Court, provided sufficient notice to meet FMLA's minimum notification procedures. Of interest is the Court's footnote which suggests the result might have been different under the  revisions to 29 C.F.R. § 825.303—which arguably increase the duties imposed upon employees seeking FMLA leave.

Enjoined!

The federal Fifth Circuit has affirmed a 10(j) injunction ordering the reinstatement of unfair labor practice strikers. The Employer unsuccessfully argued the Board's December 2007 delegation of authority to the General Counsel was invalidated by the Boards subsequent loss of a quorum.