Court agrees with termination based on conflicting FMLA certification details

Michael took time off from work under the federal Family and Medical Leave Act (FMLA) for his medical condition. His doctor's certification showed that he had uncontrolled diabetes, and experienced episodes of hypoglycemia.

About a year later, Michael took two days off because of severe foot pain, caused by neuropathy related to his diabetes. His employer told him that the existing FMLA certification supported leave only for his diabetes-related hypoglycemia and not for neuropathy.

In response to a question regarding Michael's ability to perform his job, Michael provided a letter from his doctor that showed he hadn't suffered from complications of hypoglycemia for more than a year. Michael also said he believed his FMLA certification provided a "generalized statement about diabetes" and that he was able to use FMLA leave for neuropathy, too.

Michael then submitted a new medical certification from his endocrinologist describing his neuropathy symptoms. The employer approved this request.

'Conflicting' medical paperwork

A few months later, however, after Michael took more FMLA leave, the employer told him the company was troubled by the alleged "conflicting medical documentation" in his paperwork and fired him.

Michael sued, arguing that the employer:

• Interfered with his FMLA rights, and
• Retaliated against him because he exercised his FMLA rights.

He provided a later certification for neuropathy, where it originally specified leave for hypoglycemia, and the employer approved the later request.

The employer countered that it fired Michael based on his conflicting medical documentation. His certifications said he needed FMLA leave for hypoglycemia. He later provided letters from the same health care providers, however, that said he had not experienced hypoglycemia for years.

The employer investigated and conducted fact-finding interviews. Because it could not reconcile the conflicting certification and letter, it believed Michael was misusing leave, and fired him.

Court agrees with employer

The court in this case agreed with the employer, pointing to the evidence of the conflicting paperwork. Therefore, just because Michael provided a later certification did not nullify the employer's claim of misconduct.

The court pointed out that employers must be allowed to investigate and address plausible allegations that employees have been dishonest in their medical leave claims.

Shipton v. Baltimore Gas and Electric Company, Fourth Circuit Court of Appeals, No. 23-1360, July 31, 2024.