The court reviewed the amended FMLA regulations dealing with prejudice for failing to designate FMLA time promptly.
Deborah Myers worked as a dialysis nurse at Kettering Medical Center in Ohio (KMC). She was injured during the course of her employment on August 15, 2009. She received temporary total disability benefits under Ohio’s workers’ compensation system. Her injury qualified as a serious health condition under the FMLA but her employer failed to promptly notify her that her absence was designated as FMLA leave.