Leave Due to “Depression” Insufficient Notice for FMLA Protections By Harvey Randall, Esq.(Harvey Randall, Esq.) Rask sued, alleging that her termination violated the FMLA. She claimed that she should not have received discipline for some of her depression-related absences as they should have been covered by the FMLA. The district court awarded … AT&T Hit [...]

In Sarnowski v. Air Brook Limousine, Inc., — F.3d —-, 2007 WL 4323259 (C.A.3 (N.J.)), 13 Wage & Hour Cas.2d (BNA) 73, the Third Circuit held that employee’s notice of potential need for time off in the future for heart surgery was sufficient to invoke protection of FMLA and prevent interference by employer. James Sarnowski [...]