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Federal Court Upholds Obligations to Follow Employer’s FMLA Notice Procedures

July 21, 2021


On June 17, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA) and an analogous state law after the employee’s separation from employment due to excessive unexcused absences.

The principal issue before the court was whether the employee was entitled to FMLA leave when the employee had failed to follow his employer’s usual and customary notice requirements for requesting FMLA leave. The court granted summary judgment in the employer’s favor, reinforcing the point that an employee’s noncompliance with an employer’s notice requirements ordinarily precludes the employee’s entitlement to the FMLA’s protections.

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