Fifth Circuit Rules on Validity of FMLA Notice Regulations
Monday, January 7, 2008
Contributed by: Joel Griffith and Dan L. Schaap
In Downey v. Strain, No. 06-30613 (5th Cir. Dec. 12, 2007), the court held that the regulations requiring employers to provide individualized notice to employees that leave would be designated as Family and Medical Leave Act (FMLA) leave are valid and consistent with the FMLA if the employee can establish prejudice due to a lack of notice.
In this case Strain, the employer, failed to give Downey, the employee, notice that Downey's leave would be designated as FMLA leave. Downey returned to work after her FMLA leave expired and was reassigned to a position with fewer benefits. Downey claimed that a lack of notice interfered with her rights under the FMLA when her employer failed to provide her with individualized notice of the FMLA leave designation. Strain argued that the FMLA does not include such notice requirements and the regulations requiring individualized notice were invalid.
The court explained that the FMLA itself does not contain the individualized notice requirements; however, it does contain a provision directing the Secretary of Labor to "prescribe such regulations as are necessary to carry out" the FMLA. The court cited Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc. in stating the rule that regulations should be given controlling weight unless they were "arbitrary, capricious, or manifestly contrary to the statute." The court found that FMLA regulations are not arbitrary, capricious, or manifestly contrary to the FMLA as long as they are enforced in a manner that is consistent with the FMLA's remedial scheme, which requires an employee to prove prejudice as a result of an employer's noncompliance.
In the end the court held that a lack of individualized notice prejudiced Downey's ability to exercise her rights under the FMLA and enforcement of the FMLA notice regulations was consistent with the FMLA's remedial scheme.
This decision should put employers on notice that they are required to provide employees with an individualized notice any time leave is designated as FMLA leave.
This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.
