6th Cir. Defines Foreseeable vs. Unforeseeable FMLA Intermittent Leave – 5 Key Takeaways

When is intermittent leave foreseeable or unforeseeable as it relates to employee notice requirements under the federal Family and Medical Leave Act (FMLA)? While those terms are not defined in the FMLA or its implementing regulations, the 6th Circuit Court of Appeals, in Render v. FCA US LLC, recently provided clarity as to how these terms should be interpreted. Here is a summary of the case and 5 key takeaways.

Case Summary

Mr. Render was an assembly line worker employed by an automobile manufacturer. The employer used a third-party administrator, Sedgewick, to manage employee FMLA requests. In October of 2017, Mr. Render applied for and was ultimately approved for intermittent FMLA leave. Correspondence from Sedgewick gave Mr. Render conflicting information on whether to call Sedgewick or the Employer to report an absence. Thereafter, Mr. Render had a series of absences and tardies that he called in on his employer's attendance line (not Sedgewick's) in which