Third Circuit Disregards "Mailbox Rule" In FMLA Case

In the recent case of Lupyan v. Corinthian Colleges Inc., the United States Court of Appeals for the Third Circuit ruled that, when an employee alleged she did not receive notice of her Family and Medical Leave Act ("FMLA") rights, the employer's proof that it mailed such notice, without a return receipt or tracking information, was insufficient to avoid a lengthy litigation.

In Lupyan, the plaintiff believed she had taken a short-term disability leave of absence when Corinthian Colleges Inc. ("CCI") had actually designated her leave as FMLA. CCI argued that it sent the plaintiff a letter, via regular mail, advising her that it designated her absence as FMLA leave and explaining her rights under the FMLA. When she did not return following expiration of her twelve-week FMLA leave, CCI terminated the plaintiff's employment. However, the plaintiff denied ever receiving the FMLA notification.