Discipline notes critical in FMLA claims

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they don’t understand how there could be an FMLA issue given that the structure is “so easy to understand.” That’s typically because plaintiffs’ attorneys don’t have to assess it in real time and are only dealing with issues and perceptions well after the events have occurred with a historical perspective as a guide.

In real time, assessing the FMLA can be extremely complicated, particularly if an employee is unwilling to cooperate in the appropriate process. That means clear, contemporaneous documentation is critical, as a recent appellate case demonstrates.

About the case

Michelle Brandt was a part-time employee with the city of Cedar Falls who was ultimately terminated in 2018. Beginning in 2016, she had a number of general leave and FMLA requests with increasing frequency. They included various issues such as TMJ (jaw issue), anxiety, depression, and ADHD. She also requested leave to care for a parent.

In 2016, Brandt spoke with multiple supervisors regarding why she was being passed over for a promotion to a full-time position and alleged that after those meetings, she began to be retaliated against. Written notices and meeting notes were documented by the employer.