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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 will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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