Dive Brief:
- A Philadelphia employee's email to her supervisor was a request for sick leave, not time off under the Family and Medical Leave Act (FMLA), the 3rd U.S. Circuit Court of Appeals ruled (Gardiner v. City of Philadelphia et al. No. 19-2620 (3rd Cir. April 23, 2020)).
- Christina Gardiner, a former project manager for the city of Philadelphia, sued, alleging the city let her go in retaliation for taking FMLA leave. Gardiner's employment was terminated for poor performance the day after she sent an email to her supervisor explaining that "because of the stressful work environment" and other medical issues, her doctor wanted her "to take sick leave for a few days." Her termination also followed her supervisor's continued frustration over her alleged shoddy work performance and her urging that Gardiner "show positive changes immediately."
- A magistrate judge ruled for the city on summary judgment, concluding that Gardiner failed to show she had invoked her right to FMLA leave. The appeals court affirmed. The 3rd Circuit ruled that the email was not adequate notice under the federal law, observing that calling in sick without providing more information is not sufficient notice to trigger an employer's obligations under the FMLA. "Nothing in the record suggests that Gardiner or any of her supervisors understood that she was on leave for an FMLA-qualifying reason, as opposed to merely on sick leave," the court said.
Dive Insight:
The FMLA provides eligible employees up to 12 weeks of leave over 12 months for certain reasons, including when an employee can't work because of a serious health condition. The law covers private employers with 50 or more employees as well as public agencies and schools, regardless of the number of employees.
It's up to the employee to ask for FMLA leave or provide sufficient facts to put the employer on notice that the absence may be covered by the FMLA, sources previously told HR Dive. Employees don't have to use the term "FMLA" when asking for such leave, but they must provide enough information to the employer to indicate that the absence might be covered by FMLA, experts say.
One of the mistakes often made by employers is that managers fail to recognize an employee's need for FMLA leave, Jeff Nowak, a shareholder at Littler Mendelson, previously told HR Dive. An employee who has called in sick because of chronic back pain or with a migraine headache may be protected by the FMLA, Nowak said. As a result, managers and supervisors should be trained to recognize FMLA requests.