Court revives worker’s FMLA claim after termination during spouse’s high-risk pregnancy

The 11th U.S. Circuit Court of Appeals has revived an FMLA interference claim brought by a former FedEx freight handler who was fired while caring for his spouse during a high-risk pregnancy.

The employee worked as a fulltime freight handler from 2017 to 2020. Before leaving at the end of a shift, handlers are required to check in with a supervisor and work overtime if additional trailers need unloading. The employee had received one “coaching session” in November 2018 for failure to notify a supervisor before leaving.

In March 2020, the employee notified managers his wife was pregnant and asked about FMLA protections in case he needed leave. He was told he was “moving too fast” and wouldn’t need to inquire about FMLA until after the baby arrived.

In June, the employee notified supervisors that his wife’s pregnancy had been deemed “high risk” and that she could no longer work or drive. He told them he would need to leave early or miss days to take her to appointments and ensure her safety.

Instead of providing FMLA information, his supervisors treated his refusal to work mandatory overtime as misconduct. FedEx recorded discipline after two such incidents.

The latter incident occurred on July 1, after the employee had received multiple messages from his wife complaining of pain. Doctors performed an emergency delivery on July 2, two and a half months early.

The employee applied for and received paid parental leave from July 6 to July 17. On July 20, he submitted paperwork requesting additional leave under FMLA. That same day his manager notified him he was under investigation for job abandonment. The employee was terminated on the same day his FMLA request was approved.

Court opinion

The 11th Circuit found that caring for a pregnant spouse with serious health needs can qualify for intermittent FMLA leave, including situations where an employee leaves at their scheduled end time rather than staying for required overtime.

The court also said that the employer’s failure to provide FMLA eligibility and rights notices could have directly led to the termination.

“Had [the employee] used the intermittent FMLA leave that he was entitled to so he could care for his wife’s pregnancy complications, he would not have been fired for refusing to work overtime,” the court said.

However, the court did uphold dismissal of separate FMLA retaliation and ADA associational discrimination claims.

Takeaways for employers

Here are some key learnings for employers based on this decision:

• Employees don’t need to say “FMLA” to trigger an employer’s obligations. Comments about a family member’s health issues or the need for medical-related schedule changes can be enough.
• Intermittent leave can cover very short, recurring absences, including leaving on time when overtime is expected.
• Managers should be trained to escalate potential FMLA situations to HR immediately, rather than dismiss or discourage inquiries.