Labor Law -- 2004



Cavin v. Honda of America, Inc.   (6th Circuit)

FMLA notice requirements

The NAM and the Equal Employment Advisory Council filed an amicus brief 10/23/03 supporting Honda's petition to rehear a Sixth Circuit decision that restricts that company from adopting formal reporting requirements for employees that want to avail themselves of time off under the Family and Medical Leave Act (FMLA). We argue that the court should reassess a 3-judge panel's ruling that allowed an FMLA suit to proceed. The court ruled that Honda's procedures were too strict and that it was sufficient that the employee gave "timely verbal or other notice" that he was going to miss work for reasons that satisfy the requirements for FMLA leave. We argue that companies are allowed to enforce reasonable notice procedures, that written notices need only be waived for medical emergencies, that restricted compliance requirements will discourage more generous leave benefits, and that other circuit courts are in conflict with the Sixth Circuit. Review denied 2/04.