In the intricate world of employment law, the Family and Medical Leave Act (“FMLA”) stands as a vital pillar, offering a lifeline to employees facing health challenges or family obligations. The recent case of Boston v. TrialCard, Inc. out of the United States Court of Appeals for the Fourth Circuit sheds light on the significance of proper adherence to FMLA regulations when it comes to the end of your leave period. Let’s delve into the case’s particulars before dissecting some crucial legal questions.
LaKeitha Boston, a Team Lead at TrialCard’s Kansas City facility, found herself grappling with mental health issues in late 2019. Her attendance became sporadic, failing to meet TrialCard’s requirement of notifying the Workforce Management department about anticipated absences. A written warning was issued, cautioning that continued attendance issues, including proper reporting, could lead to termination.
Amidst Boston’s struggles, a different supervisor alerted TrialCard’s primary human resources officer, Dena Waddell, about her altered behavior. Boston eventually disclosed her personal issues to Waddell, who provided information about TrialCard’s Employee Assistance Program, short-term disability benefits, and FMLA policies. A therapist diagnosed Boston with depression and anxiety.
Boston’s approved intermittent FMLA leave was coupled with a directive to adhere to proper call-out procedures. As her condition persisted, she requested continuous FMLA leave and short-term disability for a specific period. However, when her continuous leave request expired, she failed to return to work or notify TrialCard’s HR Department about her status. Boston believed her doctor faxed an updated requirement for more leave, but the doctor apparently sent it to the wrong number. Additionally, Boston informally discussed her ongoing issues with a manager, but did not use the proper HR reporting requirements as she had been instructed. When contacted by her employer, Boston indicated that she wanted more FMLA time and was told that there was no supporting medical documentation. Shortly after, TrialCard fired Boston for attendance violations. In the nine days since the end of her continuous FMLA leave, Boston never reported for work and never forwarded any medical certification information to TrialCard.
Boston sued for wrongful termination in violation of the FMLA because she had told a manager about her request (albeit not HR as directed) and that it was not her fault that her doctor used the wrong fax number. The district court held that Boston was not wrongfully fired and she appealed.
How do I get FMLA Leave?
If your employer is covered by FMLA requirements, FMLA leave is available to eligible employees dealing with serious health conditions, family obligations, or military exigencies. Once you determine your eligibility, you need to provide notice to your employer. This notice should be given as soon as practicable and should include enough information to make your employer aware of the need for leave and the anticipated timing and duration of the leave.
Boston’s case highlights the application of FMLA due to her diagnosed mental health issues, demonstrating the law’s protective intent during such challenging times. Your employer may require you to complete certain forms or provide medical documentation to support your need for FMLA leave. This may involve providing medical certification from a healthcare provider, especially if the leave is due to a serious health condition. Work with your employer to coordinate the details of your leave. Discuss the duration of the leave, whether it will be continuous or intermittent, and any requirements for staying in touch during the leave period.
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What medical certification is an employee required to provide under the FMLA?
Under the Family and Medical Leave Act (“FMLA”), employees seeking leave due to a serious health condition must provide medical certification. This certification should include:
- Healthcare Provider Information: Name, contact details, and credentials of the treating healthcare provider.
- Nature of Condition: Detailed description of the condition, its severity, and how it limits work or daily activities.
- Duration and Frequency: Expected duration, chronic or intermittent nature, and frequency of medical appointments.
- Need for Leave: Explanation of why leave is necessary due to the medical condition.
- Restrictions and Limitations: Any specific restrictions or limitations imposed by the condition.
- Signature and Date: Signed and dated by a qualified medical professional.
Employees are responsible for timely submission, and employers may seek a second medical opinion if needed. If unsure, consulting an employment attorney ensures compliance and protection of your rights.
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Can FMLA leave be denied if an employee fails to provide medical certification?
Yes, FMLA leave can be denied if an employee fails to provide the required medical certification. Under the Family and Medical Leave Act (FMLA), an employer has the right to request medical certification when an employee requests leave due to a serious health condition. If the employee does not provide the requested medical certification or fails to do so in a timely manner, the employer may deny the FMLA leave request.
It’s crucial to understand that the medical certification serves as evidence of the need for the requested FMLA leave. Without this documentation, the employer may not have sufficient grounds to approve the leave as FMLA-qualifying. Therefore, failing to provide the required medical certification can lead to the denial of the requested FMLA leave.
Employees seeking FMLA leave should ensure they provide accurate and complete medical certification within the timeframe specified by their employer. If there are valid reasons for any delays or difficulties in obtaining the certification, communication with the employer is important to address these issues promptly.
If an employee’s FMLA leave request is denied due to lack of medical certification, it’s advisable to consult with an employment attorney to understand the options available and to ensure that their rights are upheld within the scope of the law.
Boston’s case underscores the consequence of not adhering to this requirement. The denial of her FMLA claim stemmed from her failure to submit the essential medical certification within the stipulated timeframe.
Can I be fired if I don’t return to work immediately after my FMLA leave expires?
Yes, FMLA leave can be denied if an employee fails to provide the required medical certification. Under the Family and Medical Leave Act (FMLA), an employer has the right to request medical certification when an employee requests leave due to a serious health condition. If the employee does not provide the requested medical certification or fails to do so in a timely manner, the employer may deny the FMLA leave request.
It’s crucial to understand that the medical certification serves as evidence of the need for the requested FMLA leave. Without this documentation, the employer may not have sufficient grounds to approve the leave as FMLA-qualifying. Therefore, failing to provide the required medical certification can lead to the denial of the requested FMLA leave.
Employees seeking FMLA leave should ensure they provide accurate and complete medical certification within the timeframe specified by their employer. If there are valid reasons for any delays or difficulties in obtaining the certification, communication with the employer is important to address these issues promptly.
If an employee’s FMLA leave request is denied due to lack of medical certification, it’s advisable to consult with an employment attorney to understand the options available and to ensure that their rights are upheld within the scope of the law.
Boston’s experience highlights that failing to return to work or extend your leave after FMLA expiration could lead to repercussions, including the initiation of communication about your employment status and, in some cases, termination. In this case, the United States Court of Appeals for the Fourth Circuit held:
TrialCard asserted it terminated Boston for multiple violations of the attendance policy. Boston was absent for nine days after her requested FMLA leave expired and Boston failed to notify Workforce Management as required by TrialCard’s attendance policy. We have recognized that “violations of company policy are legitimate, nondiscriminatory reasons for termination.” Wierman v. Casey’s Gen. Stores, 638 F.3d 984, 995 (8th Cir. 2011). While Boston maintains that she did not violate the attendance policy because she informed Quinn of her absences, it is plain from TrialCard’s attendance policy that employees are required to report their absences to Workforce Management, and it necessarily follows that reports to Quinn did not comply with the policy. Boston’s next argument that noncompliance should be excused because Quinn was TrialCard’s agent and “Quinn messed up” by failing to notify Workforce Management. … Boston provided no legal authority, nor have we found any, that stands for the proposition that an employee can satisfy an employer’s attendance policy by reporting absences to any agent or employee of the company in the face of a policy that specifically requires a report to a designated employee or group of employees.
Id. at *3. Boston’s attempt to blame her doctor was also rejected by the Fourth Circuit Court of Appeals: “We have previously held that if an employee fails to provide a required medical certification, FMLA leave may appropriately be denied, and the employee does not have a viable entitlement claim.” Id. at *4.
LaKeitha Boston’s journey offers poignant lessons for employees navigating the realm of FMLA. As you lean on the protective provisions of FMLA, remember the importance of timely communication, adhering to medical certification requirements, and being attentive to your leave period’s expiration. In uncertain times, Spitz, The Employee’s Law Firm stands ready to guide you through the complex labyrinth of employment law.
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What should I do if I think I was wrongfully fired after using FMLA leave?
If you believe your termination after FMLA use was unjust, seeking legal counsel is paramount. This is where Spitz, The Employee’s Law Firm, known for its expertise in employee rights, becomes a crucial ally. Their experience and resources empower them to navigate the intricate landscape of employment law, ensuring your rights are safeguarded. Do not waste any time and call the right attorney right now to schedule a free and confidential consultation. (Read: What is the Spitz No Fee Guarantee?). Call our top employment lawyers in Ohio, Michigan, North Carolina, and Kentucky to get help now. Spitz, The Employee’s Law Firm and its experienced attorneys are dedicated to protecting employees’ rights and solving employment disputes.
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