Most employers and human resource professionals know that the Family and Medical Leave Act (FMLA) permits certain employees of covered employers to take unpaid leave for specified family and medical reasons. The FMLA, through its implementing regulations, requires that an employee claiming FMLA provide his or her employer within fifteen days (or longer if the employer so allows) a certificate of health care provider confirming the employee’s medical condition and need for leave. As one employee in Massachusetts found out, the failure to do so can be fatal to an employee’s request for FMLA and the protections it provides.
In Ronita Brookins v. Staples Contract & Commercial, Inc., the U.S. District Court for Massachusetts upheld Staples’ termination of Ms. Brookins for unexcused absences. Ms. Brookins had previously requested and took FMLA leave for cancer in 2004 and 2006. Unfortunately, Ms. Brookins’ cancer returned in 2009. After a series of unexcused absences, Staples personnel met with Ms. Brookins, who, at that meeting, informed them that her cancer had returned and that she would likely need further absences for treatment. Staples suggested that Ms. Brookins apply for FMLA leave and began processing her claim. As part of this, Staples informed Ms. Brookins that she needed to provide Staples with a certification of health care provide form (the paperwork that the doctor prepares which identifies if the medical reason for the leave is a covered FMLA reason) within fifteen days, as is permitted by the FMLA regulations. Ms. Brookins failed to provide the certification, although she argued that she was unable to do so because her doctors would not complete the form without further information. Ms. Brookins thereafter missed several days of work. Staples ultimately denied Ms. Brookins’ FMLA request because she never provided the certification, and later terminated her because of the unexcused absences.
Ms. Brookins sued Staples for interference, retaliation and two state law claims. The Court dismissed Ms. Brookins’ claims because she failed to provide the health care provider certification and because Staples had set forth a legitimate non-discriminatory reason for her termination (the unexcused absences). While Ms. Brookins argued that she tried to obtain the certification, and thus the fifteen day limit should have been equitably tolled, the Court found little evidence supporting the argument. The Court noted, among other things, that (a) Ms. Brookins had previously obtained and produced to Staples a certification form; (b) Staples had twice previously granted Ms. Brookins FMLA leave; and (c) others at Staples had taken FMLA leave without negative consequences.
This case is good news that employers can with diligence and consistent application of the rules, ultimately deny FMLA to an employee who fails to comply with the certification process and does not provide a good reason for that failure.