[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
-Was Kayla required to mention the FMLA in her telephone call?
A) No, the employee does not need to provide notice under the FMLA.
B) No, the employee does not have to specifically mention the FMLA.
C) Yes, the FMLA will not be triggered unless the employee identifies the name of the Act.
D) Yes, the employee must specifically state that the leave is requested under the "Family Medical Leave Act", though the use of "FMLA" is sufficient.
E) Yes, the employee must provide enough information to identify the exact type of leave requested.
Correct Answer:
Verified
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