Regina White v. Beltram Edge Tool Supply, Inc.
2015 U.S. App. LEXIS 9851
| 11th Cir. | 2015Background
- Regena White, fired by Beltram Edge Tool Supply after absences related to a knee reinjury and planned surgery; she sought FMLA leave and later sued for interference under the FMLA.
- After the reinjury (late Jan 2011) White informed her supervisor she could not put weight on her knee and had a referral to an orthopedist; she requested FMLA paperwork and was sent a certification form with a 15-day return deadline.
- White’s orthopedist estimated incapacity from Jan 28 to Apr 28 (≈13 weeks); White faxed the completed form shortly after Beltram says it decided to terminate her (mid-February 2011); Beltram fired her for failing to return the form on time and for continued absence despite earlier doctor notes.
- Post-surgery medical documentation (one year later) retroactively cleared White to return to work as of Mar 28, 2011 (within 12 weeks).
- The district court granted summary judgment for Beltram, finding White lacked a serious health condition, failed to give proper notice, and requested more than twelve weeks; it also declined to consider two claims White first raised at summary judgment (employer-notice and retaliation).
- The Eleventh Circuit reversed in part (interference claim), holding genuine fact disputes existed on serious health condition, notice, certification timeliness, and duration; it affirmed dismissal of the employer-notice claim but reversed the refusal to consider a retaliation claim and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether White had a “serious health condition” qualifying for FMLA leave | White relied on orthopedist certification showing continuous incapacity and continuing treatment | Beltram argued earlier medical notes to employer showed no continuing incapacity and that courts should consider only evidence known to employer at termination | Court: dispute of material fact exists; certification and other evidence raise genuine issue — cannot grant summary judgment to Beltram |
| Whether White gave sufficient notice (foreseeable vs. unforeseeable) | White contended reinjury made leave unforeseeable; she notified supervisor the next day and requested FMLA form | Beltram argued surgery had been an option earlier, so leave was foreseeable and 30-day notice required but not given | Court: viewing evidence for White, the need was unforeseeable (or change in circumstances); next-day notice was practicable and sufficient |
| Whether an estimate >12 weeks on the certification barred reinstatement | White pointed to competing evidence (retroactive clearance within 12 weeks) showing the certification was only an estimate and disputed duration | Beltram relied on the certification’s ~13-week estimate to justify non-restoration and termination | Court: factual dispute exists about actual duration and timing of decision to fire; cannot resolve for Beltram on summary judgment |
| Whether district court properly refused to consider additional FMLA claims raised at summary judgment (employer-notice; retaliation) | White argued facts in complaint put Beltram on notice of retaliation claim; employer-notice was not pleaded | Beltram argued new theories were not pleaded and thus should not be considered | Court: affirmed dismissal of employer-notice claim (not pleaded); reversed refusal as to retaliation — complaint put employer on notice of retaliation theory; remanded |
Key Cases Cited
- Hurlbert v. St. Mary’s Health Care Sys., Inc., 439 F.3d 1286 (11th Cir.) (describing FMLA interference claim elements)
- Krutzig v. Pulte Home Corp., 602 F.3d 1231 (11th Cir.) (affirming interference elements and employer motive irrelevant)
- Scott v. Harris, 550 U.S. 372 (U.S. 2007) (summary judgment view-of-evidence standard)
- Hurley v. Kent of Naples, Inc., 746 F.3d 1161 (11th Cir.) (FMLA notice and entitlement principles)
- Cruz v. Publix Super Mkts., Inc., 428 F.3d 1379 (11th Cir.) (employees need not expressly invoke FMLA when notifying employer)
- Strickland v. Water Works & Sewer Bd. of City of Birmingham, 239 F.3d 1199 (11th Cir.) (timing standard for unforeseeable FMLA leave)
- Edgar v. JAC Products, Inc., 443 F.3d 501 (6th Cir.) (consider all medical evidence bearing on employee’s ability to return, not just evidence available at termination)
- Gilmour v. Gates, McDonald & Co., 382 F.3d 1312 (11th Cir.) (plaintiff may not raise new claims at summary judgment; proper vehicle is amended complaint)