 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Owens v. Farmers Insurance Exchange3/22/1999
ee is entitled to a total of 12 work weeks of leave during any 12-month period for a serious health condition. Farmers does not dispute that Owens' mental condition was a serious health condition. The issue is whether Owens gave adequate notice of a condition qualifying her for FMLA leave. The Act itself is silent as to notice requirements when, as in this case, the need for leave is unforeseeable. Federal regulations under FMLA provide that "an employee should give notice to the employer of the need for FMLA leave as soon as practicable under the facts and circumstances of the particular case." Such notice can be verbal, but should in any case be sufficient to notify the employer that the employee needs FMLA-qualifying leave and should state the anticipated timing and duration of the leave.
Owens first told her supervisor that she was not of sound mind on Monday, September 12, the first day of her extended absence. On Wednesday, September 14, Owens told DePinto, the administrative assistant in Human Resources, that the duration of her leave would be "maybe 8 weeks, maybe 12." She also told DePinto that she would mail a note from her doctor, and did so the same day. This evidence satisfies her burden of giving notice under the FMLA.
Farmers contends, however, that even if the initial notice was adequate, Owens' FMLA claim must fail because she did not provide medical certification when Farmers requested her to do so in its letters of October 7 and 31. Under FMLA regulations, an employer may require the employee to provide medical certification to verify the existence of a serious health condition.
Farmers' two letters did not make reference to the Act, and did not explain that Farmers wanted Owens' doctor to verify the existence of a serious health condition. Further, as discussed in connection with Owens' disability discrimination claim, Owens did not ignore Farmers' letters, but instead sought clarification of them through her attorney, Pamela McClaran. DePinto did not advise McClaran that the medical information supplied by Owens thus far was insufficient. Instead, she took the position that Owens was not entitled to FMLA leave because she did not make a timely written request for it within five days of her oral request. A jury could conclude that sending medical documentation would not have made any difference and thus excuse Owens' failure to provide medical records.
In short, Farmers' argument that Owens should have responded to Farmers' letters of October 7 and 31 by supplying more medical documentation raises issues of fact for a jury to decide. The FMLA claim accordingly must be reinstated.
PROMISE OF SPECIFIC TREATMENT
Owens contends Farmers breached the absentee policy in the employee handbook by firing her for not calling in even though she was on approved leave.
To prevail on a breach of contract claim based on promises of specific treatment in specific circumstances, the employee must establish: (1) such a promise contained in an employee manual or handbook or the like; (2) the employee's justifiable reliance; (3) and breach by the employer. An employer is not bound by the terms in employment manuals if they state "in a conspicuous manner that nothing contained therein is intended to be part of the employment relationship and are simply general statements of company policy."
Farmers' employee handbook contained an explicit disclaimer of contract: "the statements contained within the Handbook are not intended to create any contractual or other legal obligations." In view of this disclaimer, Owens has no case for breach of contract. This claim was properly dismissed.
ATTORNEY FEES
Page 1 2 3 4 5 6 Washington Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|