An 8th Circuit recently made a decision that proves in order to succeed in an FMLA case, an employee must prove that he or she suffers from a “serious health condition” as defined by the Act. A single doctor’s visit can be found insufficient in proving this.
Kendrick Johnson worked at U.S. Steel in Arkansas. He was scheduled to work from May 12 through May 15 but on May 12 he informed his supervisor that he had blurred vision, a stiff neck and back pain. At this time Johnson tried contacting the company’s employee-relations supervisor, Tammara Love, but was unsuccessful. He then left a message explaining that he was going to see a doctor.
When Johnson went to a nearby clinic, Stephen Steward a physician’s assistant who had never seen him before, examined him. Stewart diagnosed Johnson with high blood pressure and also prescribed medication for the condition. At the same time, Stewart told Johnson that he should follow up with his regular physician. Stewart also provided a note to Johnson that explained why he was absent and that he could return to work on May 16.
Johnson took this note and delivered it to his supervisor and explained to coworkers that he would be absent for a few days as per doctor’s orders. The very next day Love called Johnson and requested he come in to discuss the note. She explained to Johnson that another note was necessary. Johnson then left and returned with a note signed by a paramedic, because Stewart was busy. This new note was rejected. It was then suggested that Johnson seek out a note that had more detail surrounding why he had missed work. The clinic refused to provide another, more detailed note. Johnson was then suspended and terminated two days later on May 18. The company stated that Johnson had altered, falsified or forged the work excuse. U.S. Steel never provided Johnson with a notice of his FMLA rights/obligations.
After his dismissal, Stewart faxed new copies of work excuses to Love and explained that nothing had been forged. However Johnson still was not re-employed. When Johnson finally got around to seeing his normal physician he was told his blood pressure was normal. Johnson eventually filed suit against U.S. Steel alleging interference and retaliation under the FMLA.
In order to prove a claim under the FMLA an employee must show that he was entitled to the leave and then entitled to be re-instated. The FMLA states that in order to be entitled to leave, an employee must have a “serious health condition that makes him unable to perform the functions of the position.”
Johnson claimed he qualified under the continuing treatment heading but after evidence evaluation, the court found that Johnson did not have “continuing treatment,” and did not qualify for FMLA protection. Since Johnson had very little evidence of subsequent visits to any doctor, the court found that his “condition” was more likened to a minor illness. Since he wasn’t entitled to the FMLA leave in the first place, his claims for interference and retaliation failed.
The bottom line and human resources takeaway is that if an employee cannot show he suffers from a “continuing” health issue that requires ongoing treatment, it isn’t likely that he will prove entitlement to FMLA leave. In many cases, a single doctor’s note can prove insufficient, like in Johnson’s situation.
