Takeaway: 11th U.S. Circuit Court of Appeals dismissed a former employee's Family and Medical Leave Act (FMLA) claim, even though her employer did not notify her of her rights and responsibilities under the FMLA, because no harm came to the employee as a result of the lack of notification.
The Family and Medical Leave Act (FMLA) requires that an employee actually seek leave to trigger an employer's obligation to give "eligibility and rights-and-responsibilities notice," the 11th U.S. Circuit Court of Appeals recently held.
A plaintiff was unable to show harm resulting from her employer's noncompliance with the FMLA notice requirement. The plaintiff's Americans with Disabilities Act (ADA) claim was also dismissed because she could not prove that her firing was because of her association with a disabled person.
The plaintiff began working at Brandstar Studios in Deerfield Beach, Fla., as a content producer and writer in January 2017. On May 2, 2018, she emailed her supervisor, stating that she was leaving immediately to tend to her out-of-state father, who needed emergency brain surgery. She thanked the company "for making any adjustments to my schedule" as necessary, according to the court. The plaintiff returned to Florida on May 6 and "verbally requested to be excused from work-related travel and staffed only to local shoots" as she prepared for her father to move to Florida.
On May 25, the plaintiff met with her supervisor, a studio manager and a human resources...
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