The U.S. Postal Service isn’t exactly known for its efficiency (as anyone who has ever waited in line to pick up a package on a Saturday morning can attest to), and recently the U.S. Court of Appeals for the Third Circuit seemed to agree. According to Jeff Nowak of Franczek Radelet, the court basically said that employers can’t assume employees have received a Family and Medical Leave Act notice if it was sent by standard USPS snail mail.
The court analyzed different forms of notice and said that certified mail shows a “strong presumption” of receipt, whereas regular mail has only a “weaker presumption,” explained Nowak. “The court determined that this ‘weaker’ presumption is nullified whenever the addressee denies receipt of the mailing.”
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