Sixth Circuit Addresses Notice Requirements for Unforeseeable FMLA Leave

The US Court of Appeals for the Sixth Circuit reversed the district court’s order in favor of an employee in an FMLA action in relation to an employee’s intermittent leave. The employee alleged that his employer, FCA US, LLC (FCA), wrongfully denied him FMLA leave, and that FCA retaliated against him for requesting FMLA leave. The Sixth Circuit determined that the employee is not required to provide specific details about their need to be out for each intermittent leave. Additionally, FCA provided the employee conflicting instructions on how to use FMLA leave. Therefore, the Sixth Circuit concluded in favor of the employee’s allegations.

As background, in Render v. FCA US, LLC, assembly line worker Edward Render began working for FCA in 2013. He was terminated for attendance infractions in 2015, but filed a grievance through his union and was conditionally reinstated in 2017. Under the terms of his conditional reinstatement, FCA could terminate Render if he had either two unexcused tardies or one unexcused absence during his one-year probationary period.

In October 2017, Render applied for intermittent FMLA leave and submitted his doctor’s medical certification to support his request. His doctor noted in the medical certification form that he needed intermittent FMLA leave to manage his major recurrent depression and moderate/generalized anxiety disorder, indicating that Render was unable to perform “[a]ny/all duties related to [his] job during [a] flare-up of symptoms.”

FCA conditionally approved his request. Sedgwick, FCA’s leave TPA, sent Render multiple letters with conflicting instructions about how to call in to use his intermittent FMLA leave days. He called in to one of the numbers indicated on the letters to report his absence and stated that he was having “a flare-up,” adding “I don’t feel good at all.” FCA marked each of the absences and tardies as unexcused rather than designating the leaves as FMLA. Subsequently, FCA terminated Render on the basis that he failed to provide notice of the need to be out of work due to the approved FMLA condition.

The Sixth Circuit determined that Render had met his responsibility for providing notice of his need to use FMLA leave when the original request for intermittent leave was made and approved. Render’s subsequent calls on the days he wanted to use his FMLA leave did not need to “specifically reference either the qualifying reason for leave or the need for FMLA leave.” Further, Render only had to advise FCA of his schedule change on days that he wanted to use his intermittent leave.

The Sixth Circuit concluded that the employee met the FMLA’s employees notice requirements when he referenced “not feeling good” and used language that was referenced in his doctor’s medical certificate. Moreover, the employer’s FMLA call-in procedures must be clearly conveyed to employees in order to be enforceable.

For employers, the case is a reminder of the importance of ensuring that their leave administration procedures, whether administered internally or outsourced to a TPA, are adhering to FMLA leave requirements, including designating a leave properly as “FMLA” when applicable and ensuring that employees’ absence reporting procedure is clearly communicated with the employees, especially for intermittent leave.

Render v. FCA US, LLC »