The Case of the FMLA-Savvy Employer

June 11, 2007

Reviewing FMLA case law is a little like playing Monday morning quarterback. One analyzes mistakes and ponders what might have been. Thus, it is refreshing to find a case where an employer took a firm stand on FMLA, based on thorough policies and excellent documentation, and prevailed.

That happened recently in Greenwell v. State Farm. During the last two years of her nine-year tenure at State Farm, Sandra Greenwell (Greenwell) was frequently absent. She received several written warnings about her absenteeism and a reminder to give at least 24-hour advance notice of any absence. The absences continued.

On a Sunday in late March, Greenwell's son was hurt in an accident. She told State Farm the accident was caused in part by her son's asthmatic condition, for which she had previously been granted two FMLA leaves of absence. When she returned the next day, Greenwell refused to complete the required FMLA form, even though her supervisor encouraged her to do so. The next day, State Farm fired her for excessive absenteeism.

The issue boiled down to this: whether Greenwell provided adequate notice that the leave might be FMLA-protected. Once an employee provides sufficient notice, an employer is required to make a limited inquiry to determine if the reason qualifies for FMLA leave. FMLA does not require an employer to be clairvoyant.

In this case, the court held that Greenwell did not provide enough information. She did not indicate that there was a flare-up of her son’s asthma. She did not complete the FMLA form because, in her words, "I didn't take him to no doctor." She later conceded that her son's asthma attack after the accident was not severe. The court noted that State Farm had well-established FMLA procedures and noted its documentation of non-FMLA-protected absenteeism. Thus, the court upheld the case's dismissal on summary judgment.

Infinisource provides FMLA resources and educational services. If you are interested in an in-house seminar or webinar on an FMLA topic such as determining serious health conditions, handling intermittent leave or a general overview, please contact our Seminars Department at 800-300-3838 or seminars@infinisource.net.