How does state of mind affect giving FMLA notice?
Abstract: To invoke the protection of the Family and Medical Leave Act (FMLA), an employee must give his or her employer sufficient and proper notice. But how does an employee’s alleged state of mind affect that invocation? In one case, when a worker stated he’d had a nervous breakdown, the supervisor believed he was intoxicated and making unacceptable excuses for missing work. After more absences, the worker was demoted, and he eventually quit — and sued, claiming that that the company had interfered with his rights under the FMLA. An appeals court disagreed.