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7th Circuit affirms firing for non-compliance with FMLA leave policy

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The 7th Circuit Court of Appeals affirmed summary judgment dismissing a woman’s Family and Medical Leave Act claim against the company that fired her because she didn’t give proper notice for an extension of leave and failed to return to work as expected.

Letecia Brown sued Ford Motor Co. after she was fired for not reporting to work or explaining in writing or by phone why she didn’t come to work following an approved FMLA leave. Brown’s original FMLA leave expired Aug. 28 and she was to return to work the following day. Because she couldn’t get an appointment with a psychiatrist until the day she was to return to work, she didn’t go back to work as expected and failed to properly notify Ford within two days of learning Aug. 21 she had to extend her leave as required by policy.

Brown claimed to speak by phone with a nurse at the plant’s medical clinic on Aug. 30, telling the nurse that her doctor had extended her leave to Sept. 16. Ford had no record of this call and sent her certified mail notifying her that she had five days to return to work or explain why she was absent or else she would be fired. She didn’t pick up the mail and was fired Sept. 11.

She filed several suits against the company, but the only one at issue is her claim Ford interfered with her FMLA rights. The District Court originally denied summary judgment for Ford because it found the Aug. 30 phone call provided sufficient notice of Brown’s intent to extend her FMLA leave because it happened with two working days of the expiration of her original leave. But the court later reconsidered because the FMLA regulations require employees to give notice within one to two working days of learning about the need for leave, and granted judgment in favor of Ford dismissing the claim.

The undisputed facts show Brown learned of her need to extend her FMLA on Aug. 21 but failed to notify Ford, wrote Judge Diane Sykes in Letecia D. Brown v. Automotive Components Holdings, LLC and Ford Motor Co., No. 09-1641. The judges went on to confirm that Ford was well within its rights for FMLA purposes to fire Brown according to its standard leave procedures.

Brown raised three new arguments on appeal, which even if they weren’t waived, would fail, noted Judge Sykes. The court rejected her argument that she complied with FMLA regulations because she provided notice as soon as practicable because Brown didn’t show it was impractical for her to give notice on Aug. 21.

The court wasn’t persuaded by her other arguments either – that Ford’s 5-day quit notice was an explicit waiver of its right to rely on the one or two working days’ notice provision of the FMLA; that by not firing her on the day she failed to return to work, the company waived its right to rely on the FMLA provisions governing notice; and her phone call to the nurse was a request for new FMLA leave instead of an extension of her original leave.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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