Caution Necessary when Handling FMLA Cases

An engineer with CSX qualified for intermittent FMLA leave because of recurring problems with kidney stones. He was apparently not on FMLA leave when he called to request a personal day, but the company told him there was no such day available. He then stated “I guess you’ll have to lay me off FMLA then,” after which he took 4 days of medical leave. CSX conducted an internal hearing, found that he had taken leave for an unauthorized purpose to help his children become accustomed to a new school, and terminated him. However. he presented a doctor’s note attesting to a flare-up off his kidney condition. Nevertheless, the company terminated him for the pretextual reason regarding the children’s school. A judge has ruled that the case can go to trial, on the basis that a “reasonable jury” may find that reason insufficient to justify termination. The judge did, however, agree with CSX that they had not interfered with his FMLA claim. 

Bottom line, employers must be cautious in addressing what appear to be suspicious FMLA claims (partly because of the sympathy factor that may be involved), and should be careful to consider all available information/data before rendering a decision. 

Photo by Gustavo Fring