5th Circuit Upholds Termination Based on Insufficient FMLA Notice

On May 10, 2007, in the case of Sandra Greenwell v. State Farm Mutual Automobile Insurance Co., the 5th Circuit Court of Appeals upheld a district court ruling that termination of employment based on excessive absences was permitted because the alleged notice of the need for leave under the Family and Medical Leave Act (FMLA) was insufficient. This is an important precedent because notice of need for leave is a frequent area of conflict in employee lawsuits regarding termination and FMLA rights.

6th Circuit Rules on Definition of Hours of Service

On May 2, 2007, in the case of Carla Mutchler v. Dunlap Memorial Hospital, the 6th Circuit Court of Appeals upheld a district court ruling that the hours for purposes of the hours of service requirement under FMLA is determined based on the actual hours worked.