The DOL regulations require FMLA-covered employers to provide various notices to employees. The regulations do not dictate how all of the notices must be delivered. Most employers utilize hand-delivery or regular U.S. mail for most pre-leave notices (eligibility and pre-leave designations) and use U.S. mail almost exclusively for post-leave notices (i.e., when the employee is already out on leave). A federal court of appeals opinion earlier this month from the Third Circuit should cause employers to analyze how they deliver important notices to employees to ensure that disputes do not arise about whether the notices were sent to and received by employees.
In Lupyan v. Corinthian . . .