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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. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

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