Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Return to Sender: Third Circuit Says USPS Can’t Be Trusted With FMLA Notices

Author: Scarinci Hollenbeck, LLC

Date: August 25, 2014

Key Contacts

Back

New Jersey employers typically send required legal notices by regular mail via the U.S. Postal Service (USPS). And for good reason — the “mailbox rule” of the courts has long held that a letter sent to the correct address with proper postage affixed creates the legal presumption that it was received.

FMLA Notices

A recent decision by the Third Circuit Court of Appeals, however, may alter employers’ expectations, particularly with respect to critical notices sent under the Family and Medical Leave Act (FMLA). In Lupyan v. Corinthian Colleges, Inc., the court held that sending notices via USPS may not suffice to satisfy the statute’s notice requirements.

FMLA Notice Requirements

Under the FMLA, employers must provide employees with notice of their eligibility for FMLA protection as well as their rights and responsibilities within five business daysof having enough information to determine whether the requested leave qualifies for FMLA leave. The failure to provide FMLA notices may constitute an interference, restraint or denial of the exercise of the employee’s FMLA rights. FMLA violations can result in the award of monetary damages and attorneys’ fees as well as equitable relief such as reinstatement.

The Facts of the Case

Lisa Lupyan was working as a teacher for Corinthian Colleges, Inc. when she began to suffer from depression. At the suggestion of her employer, Lupyan took a personal leave of absence from her position. After she provided medical certification of her illness, Corinthian College determined that Lunyan’s leave qualified under the FMLA and sent her the required paperwork by regular mail with the U.S. Postal Service.

When Lupyan attempted to return to work after receiving clearance from her doctor, Corinthian informed her that she had been terminated for failing to return to work within the maximum 12 weeks allowed by law. Lupyan claimed that she had no knowledge that she was on FMLA leave, and subsequently filed suit against the employer for interfering with her FMLA rights. Thus, the central issue of the case was whether she was properly notified that her leave was designated as being FMLA leave and the requirements of such leave.

The Third Circuit’s Ruling

The Third Circuit concluded that sending a legal document via certified mail provides a “strong presumption” of receipt. However, a “weaker presumption” arises where delivery is sent via regular mail for which no proof of delivery or receipt is generated. In such case, the court ruled that the presumption of receipt can be rebutted through a simple denial.

As further explained by the court:

“In this age of computerized communications and handheld devices, it is certainly not expecting too much to require businesses that wish to avoid a material dispute about the receipt of a letter to use some form of mailing that includes verifiable receipt when mailing something as important as a legally mandated notice. The negligible cost and inconvenience of doing so is dwarfed by the practical consequences and potential unfairness of simply relying on business practices in the sender’s mailroom.”

The Message for Employers

In light of the Third Circuit’s decision, employers should always use any delivery method that provides confirmation of delivery. In addition to providing written notice of applicable legal requirements, it is advisable to reinforce the notice requirement by meeting with the affected employee to discuss the employment issue, such as FMLA leave, and to answer any questions to ensure proper understanding.

If you have questions about the FMLA notices or want to ensure that your business is in compliance, please contact me, Gary Young, or the Scarinci Hollenbeck Labor and Employment attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: