Lost in the Email, Human Resource Executive ft. Ellen Storch

By Mark McGraw

Employers may be starting to feel as if they’re running out of acceptable ways to send FMLA disclosures to employees. In August, we reported on Lupyan v. Corinthian Colleges. In that case, an appeals court left a jury to settle a dispute over whether an employee ever received an FMLA Designation Notice that her employer claimed to have sent via first-class U.S. mail. At the time, Ellen Storch, a Woodbury, N.Y.-based partner at Kaufman Dolowich & Voluck, told HRE that employers and HR should “do more than the law requires when providing employees with FMLA notices,” sending them in multiple ways that create evidence of receipt, such as certified mail or an overnight carrier.