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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27258
Experience:  Former judicial law clerk, lawyer
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Under FMLA law, does email count as "written notice" when receiving

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Under FMLA law, does email count as "written notice" when receiving information about eligibility, etc? In particular, I am also on short-term disability and HR has been sending information to my work email account, which I feel is not technically okay (I mean, should I even been looking at work email when out on disability?) I am interested because they are making my start date of FMLA retroactive, but I do not think they provided appropriate notice to do so.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Yes, it does. If you look at page 2 of Fact Sheet 28D, provided by the Department of Labor, it says that written notice may be provided electronically, as long as all of the other requirements are met.

If it is impossible to check work-related messages from home or your work has a policy prohibiting it, then you might be able to argue that they did not provide the notice by sending it to an email address you could not access.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Thanks--and it is 5 business days they have to respond nowadays, not two?


Yes, they have five business days.
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