Bonkowski v. Oberg Industries, Inc.
992 F. Supp. 2d 501
W.D. Pa.2014Background
- Plaintiff Bonkowski sues Oberg for FMLA retaliation and interference; defendant moves for summary judgment.
- Bonkowski, a second-shift, at-will wire EDM operator since 2008, regularly worked overtime and had no prior discipline.
- Bonkowski disclosed heart condition (aortic bicuspid) and other health issues after a 2010 woods incident; incident did not trigger FMLA leave.
- Bonkowski previously took November 2010–January 2011 FMLA leave for hand surgery; leave granted in full.
- November 6, 2011: supervisor observed Bonkowski resting in his truck; three-day suspension issued after discussions.
- November 14, 2011: Bonkowski faced disciplinary discussions; symptoms led to departure; hospitalized overnight 11/14–11/15; terminated 11/16 for walking off the job.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bonkowski had a serious health condition under FMLA | Bonkowski had an overnight inpatient stay (Nov. 14–15) qualifying as serious condition. | No overnight inpatient stay; no qualifying condition under FMLA. | No; not an overnight stay; FMLA condition not proven. |
| Whether the alleged hospitalization would have qualified as FMLA leave to support retaliation/interference claims | Hospitalization and FMLA paperwork would protect leave rights. | Absent a qualifying serious health condition, FMLA claims fail. | Claims fail due to lack of qualifying serious health condition. |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (evidence and genuine dispute standard for summary judgment)
- Abraham v. St. Croix Renaissance Grp. L.L.L.P., 719 F.3d 270 (3d Cir. 2013) (define overnight/inpatient interpretation for FMLA)
- Estate of Landers v. Leavitt, 545 F.3d 98 (2d Cir. 2008) (inpatient duration concepts under Medicare Part A)