Managing Family and Medical Leave Act (FMLA) leave can be one of the most challenging and frustrating responsibilities for HR. What can employers do when an employee is slow to provide documentation and respond to medical exam requests? In a recent case, a federal appeals court ruled that an employer was justified in firing an employee for failing to cooperate with its FMLA leave approval process.
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Fired for not cooperating
Bridget Dalpiaz was the benefits administrator for Carbon County, Utah, for 15 years before she was terminated in September 2009. She sued, asserting several claims against the county and a number of county officials. Specifically, she alleged that the county violated the FMLA by terminating her and interfering with her FMLA rights.
The U.S. 10th Circuit Court of Appeals—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—upheld the county’s decision to discharge Dalpiaz because she “acted insubordinately by choosing to submit her FMLA forms at almost the literal last minute, more than seven weeks after the county made its first request for these forms to be submitted as soon as possible and after several reminders that the county was still waiting.”
Further, the court found that the county was justified in terminating Dalpiaz because she “fail[ed] to make more than a belated, half-hearted effort to comply with a direct and legitimate order” to obtain a second opinion on her condition from an independent physician.
The 10th Circuit concluded that Dalpiaz was discharged because she was obstinate in the face of her employer’s directions and requests, not because she exercised her FMLA rights. The court explained:
Like any other county employee, [Dalpiaz] was required to comply with legitimate directions given by her supervisors, and her request for FMLA leave did not shelter her from this obligation, even when her supervisors’ instructions were related in some way to her use of FMLA leave.
The 10th Circuit noted that because the county suspended and then terminated Dalpiaz while she was apparently taking intermittent FMLA leave, it interfered with her FMLA rights. The court conceded that there was an indirect causal link between Dalpiaz’s FMLA leave and her termination. Nevertheless, the court concluded that the evidence did not support a finding that her termination was related to her FMLA leave.
After noting her insubordinate behavior, the court stated, “Since [the forms] were . . . for FMLA leave, there is an indirect causal link between [her] exercise of FMLA leave and the ultimate termination decision.” However, the court concluded that did not mean that her termination was related to her taking FMLA leave.
The court also addressed Dalpiaz’s reluctance to attend an independent medical exam to confirm her entitlement to FMLA leave. The court concluded that the county established that it would have terminated her regardless of whether she requested FMLA leave “for the same type of conduct outside of the FMLA context.”
The court stated that the key question was “whether the county terminated [Dalpiaz] because it sincerely, even if mistakenly, believed she had abused her sick leave and demonstrated significant evidence of untruthfulness.” The court found that the county had lawful reasons for firing Dalpiaz.Consequently, it dismissed her FMLA interference claim. Dalpiaz v. Carbon County, Case No. 13-4062 (10th Cir., 2014).
What do I do?
This decision doesn’t mean you are free to fire employees who take FMLA leave. Make sure your FMLA policy spells out employees’ obligations when it comes to FMLA leave documentation. Remind employees what is expected of them. If an employee drags her feet in providing necessary information during the FMLA leave approval process, remind her of her responsibilities, and explain what can happen if she does not satisfy your requests.
Nathan Whatley, an editor of Oklahoma Employment Law Letter, may be reached at nathan.whatley@mcafeetaft.com.