Federal Court emphasizes employee's FMLA obligations
A federal appeals court ruling in favor of the employer is based on an employee’s obligations under the FMLA.
The Decision
In Ridings v. Riverside Medical Center, the Seventh Circuit Court of Appeals (which has jurisdiction over Illinois, Indiana and Wisconsin) ruled that:
for intermittent or reduced schedule leave under the FMLA, the employee must present 1) the dates that planned medical treatment is expected, 2) the duration of treatment, and 3) the doctor’s statement of the medical necessity for the type of leave requested and the expected duration of the leave.
an employer is entitled to ask a full-time employee to work a full-time schedule on the premises. The employer (Riverside) gave the employee (Ridings) the choice of working a full schedule on the premises or completing her FMLA paperwork. She did neither.
The court found that Ridings’ termination was justified for absenteeism or insubordination under Riverside’s policies.
Case Facts
Ridings was an employee of Riverside Medical Center from October 1998 until May 13, 2004 as a database operator. In December 2002, Ridings was diagnosed with Graves’ disease, and in January 2003, she was granted two weeks of FMLA leave following surgery to remove her thyroid. She was also granted an extension of an additional week of leave.
She returned to work in February 2003, leaving early because she alleged that her medications made her tired in the afternoon. She made no formal arrangements with Riverside to leave early nor did she request intermittent leave. She continued to work less than full days the remainder of 2003.
In January 2004, Riverside told Ridings several times that she needed to work full days on the premises or submit medical documentation to request FMLA leave. Ridings ignored these requests and maintained that since she brought work home with her, she was working full-time.
In March 2004, Ridings finally provided a doctor’s note which stated that she “could not work an eight-hour day because of a medical condition until further notice.” Riverside provided her with a Certificate of Health Care Provider form (CHCP) and advised that she needed to return it within 15 days.
After Ridings failed to provide the completed CHCP, despite several requests and written warnings, Ridings was suspended for three days without pay. She was advised that if she did not return the CHCP upon returning to work after the suspension, further action, up to and including termination, may be taken. Ridings returned to work without the completed CHCP and Riverside terminated her employment.
Ridings sued Riverside for interference with her rights and retaliation in violation in the FMLA. The district court granted summary judgment for Riverside and Ridings appealed. The appellate court affirmed summary judgment for Riverside on both the interference and retaliation claims.
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