In a recent case, the Eighth Circuit Court, which has jurisdiction in Minnesota, has given some direction as to what is proper notice of a qualifying event under the Family Medical Leave Act.  In Wood v. DaimlerChrysler Corporation, the employee only provided, by voicemail, the employer with vague references to his reasons for absence from work without permission such as, "I can´t take it anymore."  The employee also furnished two letters from doctors, which suggested that he should stay off work for a period of time, but gave no specific diagnosis nor referenced any specific "serious health condition," to excuse the absence.

In its ruling, the Court first explained that a person has a serious health condition if he/she is incapacitated by an illness, injury, impairment, or physical or mental condition for three or more consecutive days and for which a health provider treats them on two or more occasions.  The Court emphasized that Congress did not intend under FMLA to cover leave for conditions for which treatment or recovery were very brief.  The Court further suggested that an employee has an affirmative duty to indicate both the need and the reason for the leave.  In the Court´s opinion timely notice requires that it be as soon as both possible and practicable and set a minimum standard of notice within one or two working days of learning of the need for the leave, except under extraordinary circumstances.  The Court concluded that employees are required to give proper and complete notice of conditions that might create FMLA leave, and employers need not speculate that a FMLA leave is appropriate.  The employer then avoided substantial damages and attorneys fees that would have been applicable if FMLA was applicable.

Thanks to Attorney Richard Burns for this article.  Mr. Burns can be contacted at rrb@hanftlaw.com or 218-529-2433.