Appeals Court Revives Bus Driver’s FMLA Case

More than 30 years after the Family and Medical Leave Act (“FMLA”) was passed, there are still discrepancies about how the law is applied. One provision in the federal statute gives employees the power to take reasonable unpaid leave for medical purposes. These absences must accommodate the legitimate interests of employers. However, there are situations in which workers are denied FMLA leave for seemingly technical or pretextual reasons.

In Walker v. SEPTA, the U.S. Court of Appeals for the Third Circuit considered whether bus driver Isaiah Walker provided adequate notice to his employer, the Southeastern Pennsylvania Transit Authority, before seeking FMLA leave. Walker suffers from sickle cell anemia—a chronic blood disorder with periodic flare-ups that require medical treatment. SEPTA was aware of Walker’s condition and the fact that it caused pain and exhaustion that prevented him from operating a vehicle safely.  

Over time, Walker accumulated enough absences under SEPTA’s point system that he was subject to termination if he missed work one more time. Approved FMLA leave would not count against him in this regard. When he suffered a debilitating flare-up, Walker called into work, saying that he was going to the hospital. Walker mistakenly believed that he had one more “Emergency at Home” day that also would not be counted against him. Later that day, Walker applied for, and received, FMLA leave that lasted for about two weeks. 

However, as the first day was not officially recorded as part of the FMLA leave, SEPTA determined that Walker had accrued enough absences to justify his dismissal under the terms of his performance improvement plan. In response, Walker sued, but the District Court granted summary judgment to SEPTA.

Upon review, the Third Circuit reversed, ruling that viewing the facts in Walker’s favor, a reasonable fact finder could conclude that Walker satisfied FMLA’s notice requirement. The panel pointed to the fact that Walker asked for the Emergency at Home day because he needed to go to the hospital, following up the same day with the FMLA request. They found that it was not legally necessary to specifically mention FMLA in the first call. 

Though summary judgment was overturned here, it is wise for employees to mention FMLA leave specifically as soon as possible if they believe they need an extended medical absence. Follow the company procedures for such a request and note all communications on the subject. If your employer rejects the request or takes action against you because of some alleged procedural problem, an experienced attorney can assess whether your rights have been violated. 

Kardell Law Group advocates for workers in disputes over FMLA leave and other employment law matters. Reach out to us today if you’ve been fired or demoted for exercising your workplace rights.