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LABOR & EMPLOYMENT LAW — 05/20/09

Employee wrongfully denied FMLA leave entitled only to equitable relief

A Library of Congress (the Library) employee, who was wrongfully denied his request for FMLA leave to undergo treatment for his crack cocaine abuse, was only entitled to equitable relief, a federal district court in the District of Columbia had ruled. Because the employee took the leave anyway, the only prejudice he suffered was the presence on his personal record of an absent without leave charge (AWOL) and a possibly illegitimate suspension. The employee checked into a rehabilitation program at a certified drug treatment facility. His doctor and the treatment facility notified the Library that he would be absent from work due to the treatment, and several weeks later the employee made his unsuccessful request for FMLA leave. The employee stayed at the treatment center for nine months. During that time, the Library took disciplinary actions against him and eventually terminated him. (Roseboro v Billington, DDC, 92 EPD ¶43,539)

The employee sued under the FMLA, seeking reinstatement and damages. Addressing cross-motions for summary judgment, the court found that in addition to the leave denial, the Library violated the FMLA by charging the employee as AWOL for the period of time in which his absence should have been excused as his rightful 12 weeks of FMLA leave. However, since the only prejudice that resulted was the presence of the AWOL charge in his personnel record, the court granted the employee the equitable relief of ordering the notation expunged. The court denied summary judgment regarding whether the Library had a legitimate basis for imposing a 10-day suspension because this disciplinary action was based on both the portion of his absence which should have been treated as FMLA leave along with the genuinely unexcused absences. Similar to the AWOL notation, the court determined that the only prejudice that resulted was the presence in his personnel record of the suspension.

Finally, the court also determined that the Library did not violate the FMLA when it terminated the employee for taking additional leave that exceeded his allowable FMLA leave period because the FMLA permits termination when an employee remains absent from work after his qualified leave expires.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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