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January 2011

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DOL Final FMLA Regulations

DOL FMLA Opinion Letters

OPM Family Sick Leave Regulations

OPM Leave Administration

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Carl C. Bosland

Nice catch! The court did not address the employer's violation of 825.307(a) by contacing the employee's physician without prior approval. You should note that many courts will not entertain a lawsuit for violation of this rule unless the employee can demonstrate that they suffered actual harm as a result of the contact. That is, absent actual damages, technical violations of the Act generally will not support an FMLA civil lawsuit. Even a technical violation of the Act should, however, support a claim for injunctive relief to compel the employer to abide by the FMLA.


This does not address the issue of the Bank contacting the employee's doctor which is prohibited under FMLA unless the contact is authorized by the employee and done through the bank's medical personnel. Did the bank have the employee's permission?

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