What kind of notice must employees provide to their employer when taking leave under the Family and Medical Leave Act? And how strictly may an employer rely on a doctor’s certification regarding the amount of FMLA leave an employee requires? A recent decision, Jackson v. United States Postal Service, from the U.S. Court of Appeals for the Sixth Circuit, provides guidance on these difficult questions.

• The U.S. Court of Appeals for the Sixth Circuit’s opinion in Jackson v. United States Postal Service provides guidance to employers on FMLA notice requirements and certifications.
• Employers may wish to ensure that actual practices align with written notice procedures and enforce those procedures consistently.
• For unforeseen intermittent leave under the FMLA, a healthcare provider’s certification provides only an estimate of leave and not an absolute limit.

The employee, Kristopher Jackson, suffers from sickle cell anemia, which can flare up unpredictably and cause him to miss work. Jackson’s doctor provided an FMLA certification indicating the frequency of flare-ups as twice a month. But throughout his years-long employment with the United States Postal Service (USPS), the employee consistently had attendance issues, only some of which were FMLA-covered absences. Eventually, due to his unprotected absences, the employee was placed on a last chance agreement (LCA) under which he would be discharged if he accrued more than three unexcused, non-FMLA absences within any...

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