Takeaway: The court's decision in this case highlights the fact that claims brought under the FMLA are often driven by the specific factual circumstances of the case—including what exactly was communicated between the parties relative to the need for time off, the anticipated length of time needed and the ability to return to work. As the court noted, there is no formula for how to request leave. Instead, it's an employee's responsibility to provide sufficient information to communicate the intention and need to take FMLA leave. With that said, the facts of each case involving FMLA are different, and accordingly, employers should use care when assessing circumstances that may implicate the act and accurately document employee communications.

The 3rd U.S. Circuit Court of Appeals found that a plaintiff's claims under the Family and Medical Leave Act (FMLA) could not proceed to trial because he had never expressed an intention to take leave under the act.

The plaintiff began his employment with ConnectOne Bank as senior vice president for commercial lending in March 2016. In this role, the plaintiff was responsible for developing business and achieving certain financial goals associated with business loans, as well as deposits. At the time of his hiring, the plaintiff took part in an orientation in which he received and reviewed a copy of the company's employee handbook containing the company's FMLA policy.

In January 2017, management performed its first performance review...

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