'I need leave to care for my pregnant wife' was enough FMLA notice

A recent court ruling clarifies that employees don't need to use formal language or specific terminology when requesting Family and Medical Leave Act (FMLA) leave. In this case, an employee's simple statement that he needed time off to care for his pregnant wife was sufficient to put his employer on notice of his FMLA rights. The court found that the employer failed to recognize this as a valid FMLA request and wrongfully terminated the employee. Sky Transport Solutions helps employers understand FMLA notice requirements and ensure proper handling of leave requests.

Case Background

Teryl worked as a freight handler, loading and unloading trailers during overnight shifts from 5:30 p.m. to 2:30 a.m. His job required checking with supervisors at the end of each shift to determine if additional trailers needed attention, which could result in mandatory overtime.

In March, Teryl informed his employer that his wife was expecting a child. Shortly after this announcement, he approached Rickey, a manager, to inquire about FMLA leave options in case he needed time off related to his wife's pregnancy. Rickey dismissed Teryl's inquiry, telling him he was "moving too fast" and that he didn't need to request leave until after the baby was born.

The High-Risk Pregnancy

By June, the pregnancy was classified as high-risk, and Teryl's wife was no longer able to drive. This development required Teryl to provide more extensive care and support. He informed his supervisors that he would need to leave work early or miss shifts on occasion to care for his wife. Despite these communications, no one from management informed Teryl about his FMLA rights or provided him with the required FMLA notices.

Timeline of Events

The Critical Incidents

On June 25, Teryl completed his regular shift and informed a supervisor that he needed to leave to ensure his wife was safe and to drive her to a medical appointment. As he was leaving the worksite, a supervisor intercepted him and insisted he work overtime. Teryl declined to stay, and management documented this as a refusal to work required overtime.

The situation escalated on July 1. Throughout his shift, Teryl received updates from his wife about severe pain and her concerns that something was wrong with the pregnancy. After completing his shift, Teryl clocked out and prepared to leave. A manager confronted him, warning that leaving would be considered job abandonment. Despite this threat, Teryl left to care for his wife. The following day, Rickey recommended Teryl's termination.

The Termination

After the emergency delivery, Teryl applied for and received paid parental leave from July 6 through July 17. On July 20, he submitted FMLA paperwork requesting additional leave, which the employer subsequently approved. However, just two days later, the employer terminated Teryl's employment.

The Lawsuit and Court Ruling

Teryl filed a lawsuit alleging that his employer interfered with his FMLA rights. The employer sought to have the case dismissed, arguing that Teryl had not provided adequate notice of his need for FMLA leave. The court rejected this argument.

The court determined that a jury could reasonably conclude that Teryl was terminated as a direct result of leaving work after completing his shifts to care for his wife. The court found that Teryl had provided sufficient notice of his need for FMLA leave through his various communications with supervisors about needing to care for his pregnant wife.

Understanding FMLA Notice Requirements

Under the FMLA, employees are not required to specifically mention the FMLA or use formal language when requesting leave. The law requires only that employees provide enough information to put their employer on notice that they may need FMLA leave. This can include statements about needing time off to care for a family member with a serious health condition.

Employer Obligations Under FMLA

When an employee provides notice of a potential need for FMLA leave, employers have specific obligations:

Common Mistakes Employers Make

This case highlights several common mistakes employers make when handling FMLA requests:

• Dismissing early inquiries: The manager in this case told Teryl he was "moving too fast" when he asked about FMLA leave, which discouraged proper communication
• Failing to recognize informal requests: Employers may not recognize that informal statements about needing leave can trigger FMLA obligations
• Not providing required notices: The employer failed to provide Teryl with FMLA eligibility notices despite his multiple communications about needing to care for his wife
• Punishing employees for taking FMLA leave: Terminating an employee shortly after they take FMLA leave can create the appearance of retaliation or interference
• Inadequate supervisor training: Supervisors who aren't trained to recognize FMLA requests may fail to forward them to HR

Best Practices for Employers

To avoid FMLA compliance issues, employers should:

• Train all supervisors: Ensure supervisors understand FMLA notice requirements and can recognize potential FMLA requests
• Establish clear procedures: Create procedures for supervisors to follow when employees mention needing leave
• Provide required notices promptly: Meet the 5-business-day deadline for providing eligibility notices
• Document all communications: Maintain records of all leave-related conversations and notices
• Avoid discouraging requests: Don't dismiss or discourage employees who inquire about FMLA leave
• Consult HR early: When in doubt, supervisors should consult HR about potential FMLA situations
• Review termination decisions: Before terminating employees who have taken FMLA leave, review the circumstances carefully

How Sky Transport Solutions Can Help

At Sky Transport Solutions, we understand that FMLA compliance can be complex and challenging. Our team can help employers:

• Understand FMLA notice requirements and employer obligations
• Develop effective FMLA policies and procedures
• Train supervisors to recognize FMLA-qualifying leave requests
• Establish clear processes for handling leave requests
• Ensure timely provision of required FMLA notices
• Document FMLA-related communications and decisions
• Review termination decisions involving employees who have taken FMLA leave
• Navigate complex FMLA situations, including intermittent leave and reduced schedules
• Develop strategies for managing FMLA leave while maintaining business operations
• Respond to FMLA interference and retaliation claims

Don't let FMLA compliance issues lead to costly litigation. Contact Sky Transport Solutions today to ensure your FMLA practices comply with the law and protect your organization from potential legal challenges.