In the case of Brentlinger v. Winsupply, Inc., 2022-Ohio-1779, the Appellate Court denied an employee’s claim for disability discrimination and interference with the Family and Medical Leave Act (“FMLA”) and held that the employee did not sufficiently establish that she was entitled to FMLA leave.
Here, the employee argued that her employer committed disability discrimination and FMLA interference after the employer fired her from her position for excessive absences and errors in her payroll. The employee further argued that her employer failed to supply her with the FMLA paperwork that she requested on several occasions, and thus she was unable to prove that she suffered from Crohn’s disease in order to satisfy her claim for FMLA benefits. The Court disagreed with the employee.
In support of its decision, the Court explained that the elements of an FMLA interference claim are: 1) the plaintiff is an eligible employee; 2) the defendant is an employer; 3) the employee was entitled to leave under FMLA standards; 4) the employee gave their employer notice of their intention to take leave; and 5) the employers wrongfully denied the employee FMLA benefits. The Court found that the employee did not prove that she was entitled to FMLA leave because she failed to show that she suffered from a serious chronic health condition that caused her to become incapacitated throughout the course of her employment. The employee stated that she only missed two consecutive days of work and was able to work through the “flare ups” that arose from her disease. Thus, the employee did not establish that she was entitled to FMLA leave.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.