This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide.
Can employees’ failure to complete FMLA paperwork doom their FMLA claim? According to a 7th Circuit Court of Appeals decision, the answer is yes.
What happened: While working full-time at Riverside Medical Center (RMC) in Illinois, a female employee was diagnosed with a thyroid disorder. RMC granted her request for 3 weeks of FMLA leave for surgery. When she returned from leave in February 2003, she worked less than 8 hours a day on RMC’s premises because her medication caused fatigue, but she also worked at home to make up the time. She worked reduced hours for the rest of 2003.
In early 2004, RMC told her to resume working an 8-hour day in the office or provide medical certification for intermittent FMLA leave. She asked whether RMC needed documentation, but her question went unanswered. She provided a doctor’s note stating she had to work less than 8 hours, but she didn’t fill out FMLA forms or submit certification to allow RMC to determine her leave entitlement. After further warnings and a suspension, she was fired.
She sued, claiming RMC interfered with her FMLA rights and retaliated against her by firing her for working a reduced schedule. A federal district court ruled for the employer, and she appealed to the 7th Circuit, which covers Illinois, Indiana, and Wisconsin.
What the court said: The 7th Circuit upheld the ruling for RMC. Although it didn’t answer her question about documentation, the hospital didn’t interfere with her FMLA rights because she had sufficient opportunity to complete the forms. She argued that rather than asking for certification, RMC was trying to make her take intermittent leave, but the 7th Circuit ruled that the evidence didn’t support that assertion. She said she didn’t return the forms because she didn’t need FMLA leave, as she was working at home at night. But RMC was entitled to require her to work full-time on the premises.
The 7th Circuit held that from the date the forms were due, the times she left work early weren’t FMLA-covered absences, and thus RMC lawfully fired her for violating its attendance policy.
The 7th Circuit found that RMC didn’t retaliate against her because the FMLA allowed the center to require her to establish a continued need to work fewer hours. RMC gave her ample time to submit the necessary forms to substantiate that need, but she didn’t comply.
Point to remember: The court noted: “An employer cannot be deemed to retaliate against an employee by asking her to fulfill her obligations under the FMLA.”
Case: Ridings v. Riverside Medical Center, U.S. Court of Appeals for the 7th Circuit, No. 06-4328 (8/11/08).