Failure to Inform Employer About Extension of Maternity Leave Precludes FMLA Interference Claim

In Morr v. Kamco Industries, Inc., No. 3:07-CV-2046 (N.D. Ohio, Apr. 15, 2008), an Ohio federal court again emphasized the importance of communication between an employee on FMLA leave and her employer regarding her timetable for returning to work.  

In February 2007, Sarah Morr presented her employer with a slip from her doctor noting that, due to her pregnancy, she was completely disabled and would be able to return to work six weeks post-partum. Morr gave birth on March 26, 2007. Instead of returning to work on May 7, six weeks after childbirth, Morr remained on FMLA leave until her doctor actually cleared her to return to work a week later, on May 14. Pursuant to the company’s neutral attendance policy, Morr’s failure to call in or show up for work between May 7 and May 14 constituted grounds for termination. When Morr was informed that she had been fired, she filed suit in federal court alleging interference with her FMLA rights.

The district court concluded that Morr’s doctor slip established a definitive return-to-work date six weeks after childbirth. Morr could have extended her FMLA leave by notifying her employer, but failed to do so. In particular, the court noted that Morr had several phone conversations with her supervisor and other company officials and failed to indicate that she intended to extend her FMLA leave. Accordingly, the court concluded that Morr was not entitled to FMLA leave for the period between May 7 and May 11. The court granted the employer’s motion for summary judgment and dismissed the case.

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Categories: FMLA, Ohio