In Antone v. Nobel Learning Communities, et. al, No. 11-3617 (D.N.J., Jan. 19, 2012), the employer received FMLA paperwork from its employee and allowed her to take 12 weeks of leave, but never advised the employee of the date on which her FMLA leave would expire. She was terminated eight days after – unbeknownst to her – her leave had expired. According to the court, even though the employee was afforded the full 12 weeks of FMLA leave, had she received the FMLA-required notices (identifying the last day of her leave), such notice would have allowed the employee “to make an informed decision about structuring her leave . . . in such a way as to preserve the job protection afforded by the Act.” As a result, the worker’s FMLA interference claim survived the employer’s motion to dismiss. This case reinforces employers’ need to always ensure compliance with the many technical requirements of the FMLA, including but not limited to its notice provisions.
