This FMLA lawsuit offers insight into how misunderstandings can affect legal outcomes.
The RN was the director of nursing (DON) at a local hospital for approximately three years. Her healthcare provider diagnosed her with “sinus/acute illness,” which resulted in debilitating headaches and recurring severe episodes of sinusitis that caused an inability to work, sleep, breathe, and concentrate.
The healthcare provider ordered a three-week medical leave of absence from work and cleared her to return to work in about three weeks. The RN filed for leave under the Family Medical Leave Act (FMLA). Her request was granted after the RN submitted all required paperwork.
While the RN was on her leave, her employer:
- Hired a replacement DON
- Boxed and removed the RN’s personal items from her office
- Terminated her email address at the hospital
When the RN was to return from her medical leave, she texted her employer that she was aware she had been replaced.
RN files FMLA lawsuit in federal court
In her complaint, the RN alleged that the employer interfered with her rights under the Florida Civil Rights Act (FCRA), discrimination under the FCRA and the Americans with Disabilities Act (ADA), and retaliation under all three of those laws.
The employer filed a Motion to Dismiss her complaint.
What the federal court ruled
In this FMLA lawsuit, the federal court granted the employer's Motion to Dismiss, opining that all of the RN’s allegations were without legal support. The court also held that the RN “simply assumed on her own that her employment had been terminated and she was not eligible or expected to return.”
Case guidelines
This case is emphatically important in underscoring the importance of never assuming anything that involves your legal rights, especially when you file a suit for your legal concerns.
Instead of assuming anything, be proactive. Contact your employer or your human resources (HR) department and notify them of your readiness to return to work. Ask about any further documentation you need to supply. Make contemporaneous notations about the call, including date, time, to whom you spoke, your questions/comments, and responses, and when your return is expected. Also, ask for a written confirmation of your discussion.
If your return isn’t expected, obtain details as to why not, using the same guidelines as outlined above.
It also underscores the importance of seeking legal advice before filing an FMLA lawsuit and retaining legal counsel to represent you in any legal proceedings based on your legal concerns surrounding your employment.
What qualifies as an FMLA violation, and what doesn’t
When FMLA allegations are concerned, FMLA allows an employer to hire or place someone in a position to take over the responsibilities of an FMLA-granted employee while that employee is on leave. This is acceptable so long as the employee on leave is placed back into the position, or an equivalent one, when cleared to return to work.
Here, the RN didn’t attempt to return to work or ask that she do so.
Second, there was no adverse action against the RN in relation to her constructive discharge allegation. The only action by the employer in her situation was to “cover” her position during her medical leave. The facts that the RN had shared “dissatisfaction” with her employer’s decisions or had covered her role while on leave didn’t constitute an adverse employment action under the FMLA, ADA, and FCRA claims.
Third, no evidence was presented to the court that her employer acted in a manner that was discriminatory due to her disability under the ADA and the FCRA. “Conclusory recitations of discrimination or retaliation, without factual enhancement, are insufficient.”
The case, then, speaks volumes about the need for facts to support any allegations of a breach of your rights.
Conclusion
An attorney you retain to evaluate and then file a claim, if warranted, is essential for you to ensure your allegations of breaches of your legal rights are protected.
An attorney who concentrates their practice in employment law is the attorney you should consult with and who can then file your claim if it is warranted. It is not advisable to file an FMLA lawsuit on your own.
