James Sarnowski was employed by Air Brook Limousine, Inc. (“Air Brook”). During his employment, Sarnowski had coronary-pass surgery because of blockage in his coronary arteries. A year after his surgery, Sarnowski began to experience symptoms suggesting he had additional blockage. After meeting with his doctors, Sarnowski was advised he might need additional surgery. Thereafter, Sarnowski advised Air Brook he might need surgery. A week later, Air Brook terminated Sarnowski.
Sarnowski filed suit, alleging his termination violated his rights to take up to twelve weeks leave under the Family Medical Leave Act (“FMLA”). Air Brook responded that Sarnowski’s notice of his condition was insufficient under the FMLA because Sarnowski did not state that he was requesting FMLA leave, did not indicate when the leave would begin and did not disclose the length of the leave.
The court rejected Air Brook’s argument stating: In providing notice, the employee need not use any magic words. The critical question is how the information conveyed to the employer is reasonably interpreted. An employee who does not cite to the FMLA or provide the exact dates or duration of the leave requested nonetheless may have provided his employer with reasonably adequate information under the circumstances to understand that the employee seeks leave under the FMLA.
Thus, the court held Sarnowski could proceed to trial in his FMLA claims.
If you have a question about whether proper notice has been given under the FMLA, please contact a member of the firm. * * * * *