Employer – Employee: FMLA – Notice

(1)Where an employee did not follow an employer’s procedures for calling in sick to work, equivocal and contradictory testimony from the employee’s carpool partner about what she told the employer was not sufficient to show adequate notice under the Family Medical Leave Act, and the employee could not show that the notice requirement was excused on the basis of extraordinary circumstances.

(2)Where an employee who failed to give notice of her need for leave under the FMLA argued that her behavior could have placed her employer on constructive notice, the court doubts the “continuing validity” of the constructive notice in FMLA cases.

Judgment is affirmed.

Bosley v. Cargill Meat Solutions Corporation (MLW No. 64630/Case No. 12-1290 – 13 pages) (U.S. Court of Appeals, 8^th Circuit, Smith, J.) Appealed from U.S. District Court, Southern District of Iowa, Pratt, J. (Jill M. Zwagerman, Des Moines, Iowa, argued for appellant) (Nathan John Overberg, Des Moines, Iowa, argued for appellee; Amanda G. Wachuta appeared on the brief).

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