724 F.3d 648
6th Cir.2013Background
- Kinds, an Ohio Bell employee, missed nine weeks of work in late 2009 after domestic violence-related incidents and sought leave. She became FMLA-eligible on October 13, 2009 and applied for FMLA leave on October 14, 2009.
- Ohio Bell notified Sedgwick (short-term disability administrator) and its FMLA Operations Department after Kinds’s absences; FMLA Operations initially informed her that an FMLA medical certification was not needed if disability was approved.
- Sedgwick approved disability only for November 10–December 14, 2009 and denied disability for October 20–November 9, 2009; Ohio Bell therefore approved FMLA for the approved period and requested an FMLA medical certification for the unapproved period on December 29, 2009.
- Kinds missed the employer’s deadlines (extended once) to submit the FMLA4 medical certification; a February 16 certification arrived after denial, and Ohio Bell denied FMLA for the October 20–November 9 period on February 2, 2010.
- After Sedgwick’s denial of Kinds’s appeal of disability benefits, Ohio Bell terminated Kinds on March 30, 2010 for excessive unexcused absences. Kinds sued for FMLA interference; the district court granted summary judgment to Ohio Bell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether employer timely and validly requested medical certification under 29 C.F.R. § 825.305(b) | Kinds: employer must request certification within five business days of notice (except only if employee fraud later discovered); Ohio Bell’s later request was defective | Ohio Bell: regulation allows later request when employer has reason to question leave; denial of disability benefits gave reason to request; Ohio Bell gave more than 15 days to respond | Court: Ohio Bell properly requested certification after Sedgwick’s denial; later request valid and gave more than 15 days to comply; denial for failure to timely certify was lawful |
| Whether failure to timely provide certification bars FMLA interference claim | Kinds: defective timing by employer entitles her to claim despite missed certification | Ohio Bell: employee’s failure to provide timely certification independently supports denial of FMLA leave and defeats interference claim | Court: failure to timely provide certification is dispositive; no FMLA interference as a matter of law |
Key Cases Cited
- Spees v. James Marine, Inc., 617 F.3d 380 (6th Cir. 2010) (standard of review for summary judgment)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (scope of summary judgment inquiry)
- Grace v. USCAR, 521 F.3d 655 (6th Cir. 2008) (elements of an FMLA-interference claim)
- Frazier v. Honda of Am. Mfg., Inc., 431 F.3d 563 (6th Cir. 2005) (employee’s late submission of medical certification defeats FMLA claim)
- Branham v. Gannett Satellite Information Network, Inc., 619 F.3d 563 (6th Cir. 2010) (employer’s failure to inform employee of certification requirement can preclude denial of leave)