Patrick Hurley v. Kent of Naples, Inc.
746 F.3d 1161
| 11th Cir. | 2014Background
- Hurley, CEO of Kent of Naples and related Kent entities, suffered from depression and anxiety.
- Hurley sent an email titled “Vacation Schedule” listing eleven weeks of future leave; Neuman denied the request and sought a meeting.
- Hurley replied that the email was a schedule, not a request, and asserted medical necessity for earned vacation.
- Neuman terminated Hurley for insubordination and poor performance after the email discussion.
- A week later Dr. Paisan completed an FMLA form for Hurley, noting depression but uncertain duration/incapacity, after Hurley had already been terminated.
- Hurley sued for FMLA interference and retaliation; district court denied summary judgment and the case went to trial, where jury verdicts produced a potentially inconsistent damages award; on appeal, defendants challenge FMLA protection for Hurley’s leave.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hurley’s leave qualified for FMLA protection | Hurley argued notice sufficed and could qualify leave; focus on chronic condition | Hurley’s leave did not involve a period of incapacity; not protected | Hurley did not qualify for FMLA leave as a matter of law |
| Whether the district court properly denied judgment as a matter of law | None or minimal argument beyond qualification | Jury verdicts inconsistent; leave not protected | District court erred; JMOL for defendants warranted |
Key Cases Cited
- Hurlbert v. St. Mary’s Health Care Sys., Inc., 439 F.3d 1286 (11th Cir. 2006) (requires actual qualification for leave to support interference/retaliation claims)
- Russell v. North Broward Hosp., 346 F.3d 1335, 346 F.3d 1335 (11th Cir. 2003) (both interference and retaliation require qualification for leave)
- Cruz v. Publix Super Mkts., Inc., 428 F.3d 1379 (11th Cir. 2005) (notice alone not enough; must determine actual qualification)
- Krutzig v. Pulte Home Corp., 602 F.3d 1231 (11th Cir. 2010) (termination unrelated to leave can support summary judgment on FMLA claims)
- Spakes v. Broward Cnty. Sheriff’s Office, 631 F.3d 1307 (11th Cir. 2011) (unrelated-termination defense can defeat FMLA damages)