Hansen v. Fincantieri Marine Grp LLC

Hansen’s employer has an attendance policy, under which employees accumulate points for unexcused absences. When an employee incurs 10 points within a year, his employment is subject to termination. Leave under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601–2654 is not counted. As of May 2, 2011, Hansen had nine points. He was absent from work from May 3-6 and May 9. On May 3, he requested FMLA leave for depression. On May 11, he provided medical certification, documenting episodic flare-ups periodically preventing him from performing his job. Hansen’s absences earlier that month were approved as FMLA leave. Hansen requested FMLA leave for eight days in June and incurred no attendance points for these absences. Based on the doctor’s faxed response to an inquiry, three subsequent requests were denied. Hansen accumulated 13 points in one year and his employment was terminated because he “exceeded [his] frequency” under which he could “miss 4 times every 6 months.” Later, the doctor sent a letter, modifying his original certification. The letter did not mention the July absences. The company did not retract the termination. Hansen sued under the FMLA alleging interference and retaliation. The district court granted summary judgment in favor of the employer, holding that without expert testimony Hansen could not show that his serious health condition rendered him unable to work during the absences for which he was terminated. The Seventh Circuit reversed. The law does not require a plaintiff to present expert testimony as to his incapacity, and Hansen’s evidence has raised a genuine issue of material fact for trial. View "Hansen v. Fincantieri Marine Grp LLC" on Justia Law