McArdle v. Town of Dracut/Dracut Public Schools, 732 F.3d 29

McArdle, a former Dracut middle school teacher, began for personal reasons to miss work beginning in 2008, resulting in a severely limited attendance record for 2008-2009.
He exhausted all available sick and personal leave and used additional paid/unpaid time off, with attendance data showing only 82 days in 2008-2009.
McArdle sought FMLA leave in September 2009 but did not comply with notice or medical-certification requirements; district policy required written notice and a physician's certification.
Dracut terminated McArdle on September 28, 2009 for abandoning his position due to absence without proper notice or documentation; he later resigned in early October 2009 after discussions with the administration.
McArdle filed suit in 2011 asserting FMLA interference and retaliation, along with state-law claims; the district court granted summary judgment on all claims.
On appeal, the First Circuit affirmed, holding McArdle was not eligible for FMLA leave and that the termination was for abandonment, not retaliation for seeking leave.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was McArdle eligible for FMLA leave based on hours worked?	McArdle contends he worked enough hours to qualify for FMLA leave.	Dracut Showed McArdle worked far fewer than 1,250 hours in the prior 12 months.	McArdle was not eligible; hours fell well short of 1,250.
Did Dracut's handling of the FMLA leave request cause any harm?	Even if ineligible, he was harmed by lack of notice of ineligibility.	No harm or remedy could be tailored for an ineligible employee given the circumstances.	No cognizable harm or remedy; no retaliation proven.
Did Dracut unlawfully retaliate against McArdle for seeking or attempting FMLA leave?	McArdle argues retaliation for asking about FMLA rights.	Termination was due to abandonment/unauthorized absence, not because of seeking FMLA rights.	No retaliation; termination based on abandonment, not the leave request.

Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 83 (U.S. Supreme Court 2002) (FMLA interference prohibition and rights at issue)
Colburn v. Parker Hannifin/Nichols Portland Div., 429 F.3d 325 (1st Cir. 2005) (standards for FMLA retaliation claims and causation)
Hodgens v. Gen. Dynamics Corp., 144 F.3d 151 (1st Cir. 1998) (FMLA retaliation analysis framework)
Soto-Padro v. Pub. Bldgs. Auth., 675 F.3d 1 (1st Cir. 2012) (precedent on causation and the effect of justification for adverse actions)
McKennon v. Nashville Banner Pub. Co., 513 U.S. 352 (U.S. Supreme Court 1995) (general principle: if the wrongful act did not cause the injury, no liability)
Donnelly v. Greenburgh Cent. Sch. Dist. No. 7, 691 F.3d 134 (2d Cir. 2012) (hours-worked issue for FMLA eligibility)