Third Circuit Sides With Employer In FMLA Dispute

In a January 13, 2021 decision of the Third Circuit Court of Appeals, the Court sided with Penn State Health in affirming dismissal of claims under the Family Medical Leave Act ("FMLA") where an employee with alleged intestinal problems failed to comply with notice requirements established by the employer. According to the opinion, the employer utilized a vendor for a two-step reporting system requiring employees to request an FMLA absence within 24 hours and to then report it through the system within 15 days. The Court affirmed dismissal of the claims where it could be shown that the employee repeatedly left work without following the protocol established by the employer.

Here's a link to the decision:

https://www2.ca3.uscourts.gov/opinarch/201763np.pdf