The Fourth Circuit has ruled that "magic words" are not necessary "to invoke the protections of the FMLA" (Family Medical Leave Act) in a case in which an employee sued his employer after the employer tried to get him to work during the time he took off to travel to Russia to complete an adoption proceeding. In Dotson v. Pfizer, the employer had tried to claim that the employee needed to make specific statements about why he needed to take the leave. The Court found that once the employee indicated he wanted the leave, "the responsibility falls on the employer to inquire further about whether the employee is seeking FMLA leave. "In providing notice, the employee need not use any magic words."
Read an analysis here from Lori J. Searcy of the Searcy Law Firm, Alexandria, Virginia.
