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Fifth Circuit Finds That Employee Failed to Provide Adequate Notice of Need for FMLA Leave
On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing her supervisor of her father’s serious ailments, coupled with telling human resources in passing that she wanted to explore “possibly getting FMLA,” were not sufficient to satisfy the employee’s notice obligation under the Family and Medical Leave Act (FMLA). The court’s ruling reinforces for employers the importance of implementing a clear procedure for FMLA leave requests.
