One of the most important aspects of the Family and Medical Leave Act (FMLA) coverage is eligibility. If you are not eligible under the statute, then you are not entitled to the protections the statute provides. When an employer receives a request for FMLA leave, the first step is to determine whether the employee is actually eligible. Employees, on the other hand, are also required to respond to questions asked by their employers for the purpose of determining whether their medical condition qualifies for FMLA leave. If you do not comply with these requests, you run the risk of jeopardizing your FMLA rights.
Brown v. Constellation Brands, Inc.
In Brown v. Constellation Brands, Inc., a case out of California, an employee
of twenty-five (25) years was terminated after being absent multiple times.
Under the workplace attendance policy, union employees can be terminated
if they have more than eight (8) absences. In 2015, prior to his termination,
this employee had been taking intermittent leave for a medical condition
related to his stomach. In 2016, he suffered from a different ailment
and was absent for emergency surgery. Although he had experience with
the requirements for taking FMLA leave, the employee failed to properly
report his need for leave under the FMLA to his employer.
Failure to Give Proper Notice of FMLA-Covered Condition
The employee, Brown, required emergency surgery for the removal of a cyst
in his buttocks. However, the only notice he gave for his reason for being
absent was “personal” reasons, presumably because he was embarrassed.
Essentially, Brown refused to provide sufficient information regarding
his need for FMLA leave. Even when he returned to work after the surgery,
he did not tell any managers that he had surgery.
Unapproved Absences Resulted in Violation of Attendance Policy
When he returned to work, Brown had exceeded the allowed number of absences
under the company’s policy and was subject to termination. When
a Human Resources employee audited Brown’s absences, it was noted
that he had “called out FMLA” on one occasion and was “Under
Doctor’s care” for several other days. Nevertheless, there
was no actual doctor’s note regarding any medical condition. As
a result, it was determined that Brown did not have approved FMLA leave
for those dates.
After being disciplined on several occasions with regard to his absences,
Brown was again absent and failed to call in the required thirty (30)
minutes before his shift. The day the decision was made to terminate Brown,
his employer finally received a faxed note from his doctor. However, the
note only stated he was under a doctor’s care but did not provide
any details that would allow his employer to assess whether his condition
qualified him for FMLA leave.
Failure to Provide Appropriate Notice of Condition Doomed His Case
An employer is only required to provide FMLA leave to a qualifying employee
if the employer has reasonable notice that the employee’s medical
condition meets the requirements of the statute. In this case, Brown failed
to meet this burden because his only notice was that he needed to absent
for “personal” reasons. Indeed, Brown admitted under oath
that he never specifically told his employer about his emergency surgery
or what it was for. For this reason, his claim for termination in violation
of the FMLA failed.
If you feel you have been the victim of discrimination or retaliation
in the workplace, or if you have any other questions regarding your employment
rights, please contact the experienced Birmingham employment law attorneys
at Michel | King . You can contact us either online or by calling
us at (205) 265-1880. We are here to serve you!