What kind of notice must employees provide to their employer when taking leave under the Family and Medical Leave Act? And how strictly may an employer rely on a doctor’s certification regarding the amount of FMLA leave an employee requires? A recent decision, Jackson v. United States Postal Service, from the U.S. Court of Appeals for the Sixth Circuit, provides guidance on these difficult questions.
The employee, Kristopher Jackson, suffers from sickle cell anemia, which can flare up unpredictably and cause him to miss work. Jackson’s doctor provided an FMLA certification indicating the frequency of flare-ups as twice a month. But throughout his years-long employment with the United States Postal Service (USPS), the employee consistently had attendance issues, only some of which were FMLA-covered absences. Eventually, due to his unprotected absences, the employee was placed on a last chance agreement (LCA) under which he would be discharged if he accrued more than three unexcused, non-FMLA absences within any six-month period.
Approximately six months later, USPS discharged the employee for violating the LCA, by incurring six unexcused absences and one absence without leave (AWOL) incident. The employee challenged the employment termination as interfering with his FMLA rights, arguing that four of the absences and the AWOL incident were FMLA-covered. He claimed that his manager had incorrectly classified these incidents as “Not FMLA Protected.”
The federal district court granted summary judgment in favor of USPS, concluding that the employee was only approved for two days of FMLA leave per month (as noted on the medical certification his healthcare provider completed), and any additional leave beyond that—even if due to his sickle cell anemia—was unprotected. This appeal followed.
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