FMLA Rights Not Communicated; Legal Suit Allowed
Because a company failed to notify an employee of his rights under the Family and Medical Leave Act (FMLA), the Third Circuit U.S. Court of Appeals has decided that the employee may proceed with a lawsuit against the company (Conoshenti v. Public Service Electric & Gas Company, No. 03-2257).
Richard Conoshenti began working as a mechanic for the Public Service Electric & Gas Company in 1972. In April and May 1999, the company accused Conoshenti of keeping inaccurate time records and leaving his shift early. Conoshenti replied he had simply corrected inaccurate time records and that he left his shift early because chemicals he had been working with irritated his skin and he needed to take a shower. Nevertheless, the company decided to discharge Conoshenti.
Upon advice of his union, however, Conoshenti entered a "last chance agreement" with the company. The company agreed to reinstate Conoshenti upon condition of his meeting a number of obligations that were outlined in the agreement. Those obligations included passing a physical exam, reporting to work on time, and maintaining satisfactory work performance. From August 10, 1999 to December 3, 1999, Conoshenti had met his obligations under the agreement. On December 4, 1999, however, he was struck by a car and required hospitalization. Two days later, Conoshenti informed his employer about the accident and the seriousness of his injuries. A physician said Conoshenti would need to be out of work for at least two weeks in order to recover. The company did not notify Conoshenti at that time, or at any time thereafter, of his rights under the FMLA, such as his right to take 12 weeks' leave.
On December 16, 1999, an orthopedic surgeon recommended that Conoshenti have immediate surgery to repair torn rotator cuffs; the surgery was scheduled for the following month. Conoshenti notified the company of his impending surgery and sent the company a form the surgeon had filled out that stated Conoshenti would not be able to work until April 2000.
Despite these circumstances, the company took steps to terminate Conoshenti for violating his "last chance agreement." Becoming concerned, Conoshenti contacted his union, which recommended that he notify the company that he wished to have his time away from the job count as FMLA leave. On December 27, 1999, Conoshenti sent a letter to his direct supervisor requesting the FMLA leave. When Conoshenti returned to work in April, he passed a physical exam but the company terminated him for violating the agreement.
Conoshenti filed suit in New Jersey State Court, alleging FMLA violations. The district court granted summary judgment in favor of the company. As a result, Conoshenti appealed to the third circuit court, which reinstated his FMLA claim.
"In this case, there is no dispute that Conoshenti was an eligible employee or that his injury qualified as a serious health condition," the circuit court stated. "Moreover, it is undisputed that Conoshenti fulfilled his duty to notify under the FMLA by informing (his supervisor) of his injury and the need for time off within two days of his accident." The court also cited the U.S. Dept. of Labor regulations which stated, a company is required "to provide employees with individualized notice of their FMLA rights and obligations."
Although Conoshenti's leave exceeded the 12 weeks allowed under the statute, the circuit court said: "Had (Conoshenti) received the advice (the company) was obliged to provide, Conoshenti insists, he would have been able to make an informed decision about structuring his leave and would have structured it, and his plan of recovery, in such a way as to preserve the job protection afforded by the Act. We conclude that this is a viable theory." As a result, the circuit court returned the FMLA claim to the district court for trial.
