Under FMLA, Employee Must Respond to Request for Additional Information.
The U.S. Court of Appeals for the Tenth Circuit reiterated the need for employees to provide information required by the employer under the Family and Medical Leave Act.
In Dulany v. Brennan, an employee told her employer that she would be missing work because of an “acute stress response,” but did not request FMLA leave or respond to her employer’s request for a medical certification. After her eventual resignation, she sued, claiming that the employer had failed to designate her leave as FMLA. The court, however, noted that the employer was entitled to obtain additional information in support of a FMLA leave request, and that FMLA leave may be denied if the employee fails to respond, as happened here.