New England Biz Law Update
A federal judge has ruled that a former transportation employee may proceed to trial on a retaliation claim under the Family and Medical Leave Act (FMLA), even where the employer believed the employee had misused intermittent leave.
The U.S. District Court for the Southern District of West Virginia concluded that a reasonable jury could find the employer’s decision to terminate the employee’s employment was unlawfully retaliatory.
The plaintiff applied for intermittent FMLA leave to manage a chronic medical condition and care for his children.
In a 2017 phone call to his employer, he mentioned that he would need FMLA leave because his kids were starting school and his condition was flaring up. After taking four days of leave, he was fired following an internal hearing in which the employer cited the call as evidence of improper leave use.
The employee presented medical documentation confirming that his condition required treatment on the day of the call. The judge held that these facts, if believed by a jury, could support a finding that the employer’s stated reason for the firing was pretextual.
The decision reflects courts’ close scrutiny of employer actions involving intermittent FMLA leave, particularly where the employee shows a mix of family and medical reasons for leave and provides supporting medical evidence.
In allowing the retaliation claim to proceed while partially dismissing the interference claim, the court underscored that an employer’s subjective belief that leave was misused is not always sufficient to justify an adverse employment action at the outset.
The case serves a reminder that employers should carefully document and evaluate all relevant information before taking adverse actions against employees who exercise protected leave rights. Consistent FMLA administration, thorough review of medical certifications, and careful consideration of employee explanations are important in defending against retaliation claims.
