383 F. Supp. 3d 743
E.D. Ky.2019Background
- Becknell, an Account Clerk at Univ. of Kentucky College of Dentistry, took FMLA leave after her husband’s March 2017 hospitalization; she requested retroactive FMLA from March 8–April 3, 2017.
- On March 15, 2017 Becknell left work after learning her husband would be discharged that day; she notified her supervisor the morning of March 15 (≈9:16 a.m.).
- On March 22 the supervisor issued a corrective-action memo for failing to provide 24‑hour advance notice under the College Attendance & Time Reporting Policy; Becknell’s FMLA was approved retroactively on March 24 but pay for March 15 was not restored.
- On April 4 Becknell received a due‑process inquiry about EOB/ARR entries; an audit followed and the University terminated Becknell on April 12, 2017, citing falsification of records.
- Becknell sued (Fayette Circuit Court, removed to federal court) alleging FMLA interference and retaliation; parties filed cross motions for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity | Hibbs abrogates state immunity; claims may proceed against Univ. | University urged Eleventh Amendment bar and urged overruling/limiting Hibbs | Court: Hibbs controls; sovereign immunity does not bar Becknell's FMLA claims |
| Interference — discipline for March 15 notice | Becknell: 24‑hr notice policy cannot be applied to unforeseeable/emergency FMLA leave; discipline for that violation is FMLA interference | Univ.: discipline enforced internal policy; policy incorporated into FMLA process | Court: Summary judgment for Becknell — disciplining her for failing to give 24‑hr notice for unforeseeable FMLA leave constituted interference |
| Interference — paid leave, marriage license, training request | Becknell: denial of paid leave and other requests interfered with FMLA rights | Univ.: paid leave is employer benefit (not guaranteed by FMLA); documentation and brief contact were permissible | Court: Summary judgment for Univ. on these claims — refusal to allow paid leave, request for marriage license, and training list did not deny FMLA benefits |
| Retaliation (termination) | Becknell: termination was motivated by her use of FMLA leave and/or selective investigation after leave | Univ.: termination based on legitimate, nondiscriminatory reason — falsification of records | Court: Genuine disputes of material fact exist (supervisor admitted FMLA was a factor; factual dispute whether entries = falsification). Summary judgment denied for both sides on retaliation |
| Damages / mitigation | Becknell sought damages as a matter of law | Univ. challenged damages/mitigation | Court: Damages determination premature; summary judgment on damages denied |
Key Cases Cited
- Nevada Dep't of Human Res. v. Hibbs, 538 U.S. 721 (2003) (Congress abrogated state sovereign immunity for FMLA family‑care provisions)
- Donald v. Sybra, Inc., 667 F.3d 757 (6th Cir. 2012) (McDonnell‑Douglas framework in FMLA interference cases)
- Srouder v. Dana Light Axle Mfg., LLC, 725 F.3d 608 (6th Cir. 2013) (employer may enforce notice rules unless unusual circumstances justify failure to comply)
- Seeger v. Cincinnati Bell Tel. Co., LLC, 681 F.3d 274 (6th Cir. 2012) (retaliation claims require showing employer acted because employee invoked FMLA)
- Demyanovich v. Cadon Plating & Coatings, LLC, 747 F.3d 419 (6th Cir. 2014) (direct‑evidence standard and post‑direct‑evidence burden shifting)
- Hunter v. Valley View Local Sch., 579 F.3d 688 (6th Cir. 2009) (deposition testimony of direct supervisor can constitute direct evidence of FMLA retaliation)