The Family and Medical Leave Act (FMLA) provides important protections for employees with serious health conditions, and notice to the employer is required in order to trigger those protections. But what constitutes adequate notice? A recent case from the U.S. Court of Appeals for the Third Circuit provides guidance on this tricky issue.

Quick Hits

• Notice of the need for FMLA leave does not require specific language or explicit reference to the FMLA.
• Employers may want to ensure that managers and other administrative personnel who deal with leave and absences are trained to recognize when the FMLA might be in play and to record accurately the stated reasons for the leave.
• Employers cannot penalize employees for FMLA-protected absences.

In Walker v. Southeastern Pennsylvania Transportation Authority,a former bus driver for Southeastern Pennsylvania Transit Authority (SEPTA), suffered from sickle cell anemia, which can flare up with severe pain. He had previously been approved for FMLA leave—once years earlier for complications related to his sickle cell anemia and again for several months during the COVID-19 pandemic because his condition placed him at risk. But the driver also had a history of attendance issues and, after accumulating a high number of points under SEPTA’s no-fault attendance policy, he was placed on a last chance agreement, under which his employment would be terminated if he reached twenty points.

The driver eventually accumulated eighteen points. He...

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