WHEN IS MANAGEMENT’S FMLA OBLIGATION TRIGGERED?

What happens if an employee takes a lot of LWOP and AWOL to deal with a medical situation, but never asks management for FMLA leave.  In many cases, she is likely to be disciplined for abusing leave.  But there are situations where management is obligated to put her on FMLA even if she never asked.  Check out this blog from the folks at Olgetree Deakins entitled, “FMLA Notice Requirements: Lessons From the Third Circuit.” It is written to advise managers, but in doing so shines a light on how unions can use this concept to protect members.