For Employers, Communication Of FMLA Policy Is Key

Law360, New York (April 17, 2012, 12:50 PM EDT) -- A recent U.S. Court of Appeals for the Sixth Circuit decision emphasizes the importance of informing employees how the employer will compute leave covered under the Family and Medical Leave Act (FMLA). In Thom v. American Standard Inc., the court affirmed a partial summary judgment for an employee on his FMLA interference claim, finding the employer failed to inform the employee how it was computing his FMLA leave.

The Sixth Circuit also held that the employer acted in bad faith when it terminated him, entitling the...
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