FMLA case leaves employer’s head spinning

Michael had vertigo. A neurologist told him the only way to treat it was to stay in a dark room and cover his head. He had to remain motionless until the episode passed, which could take a few hours up to a day and a half.

Leave notice

One day, Michael had an episode and called James, his supervisor, to ask him to finish his shift so he could go home. Michael's wife picked him up and explained his vertigo diagnosis to James.

Michael also suffered a severe episode while at a conference with James and their superintendent. Michael later explained his vertigo to the superintendent, indicating it was something Michael had to deal with.

In 2020, Michael left work at least three times because of his condition. On November 19, he had a severe episode and sat in the break room for two hours before he felt he could go with his wife to their vehicle. The superintendent later told him he had heard about the incident and urged Michael to see a doctor.

Early departure leads to termination

On January 7, Michael woke up feeling woozy but still went to work at 6:30 a.m. When Charles, his coworker, arrived, Michael told him he wasn't feeling well and left work at 10:30 a.m. Shortly thereafter, the superintendent walked in and discovered Michael had left without notifying him or getting approval to leave.

On January 10, the employer fired Michael because he:

• Left during his shift without notice to supervisory personnel,
• Did not return that day,
• Gave no reason for leaving, and
• Did not explain why he left.

Michael sued, claiming the employer interfered with his rights under the federal Family and Medical Leave Act (FMLA) and retaliated against him for asking for FMLA leave.

Employer fares poorly in court

The employer argued that Michael didn't show that he had an FMLA serious health condition and that he didn't give notice of the need for leave.

The court disagreed with the employer's arguments. Though the employer said there was no evidence that Michael was ever hospitalized or that he received continuing treatment by a health care provider, Michael showed enough signs that his vertigo was an FMLA chronic serious health condition "[b]ased on the hundreds of pages of medical records submitted by [the employee] that span from 2010 to 2021 and his testimony regarding his periodic episodes of vertigo during which he is incapacitated."

The evidence also showed the employer knew about Michael's condition soon after he started at the company, as he had to leave work due to a severe episode, and that his supervisors were aware of future episodes that occurred. Michael also presented proof that he and his wife discussed his medical condition with supervisors on several occasions, and that the supervisors responded by suggesting he see a doctor.

The court also said that, despite the employer's knowledge that Michael needed sick time for an FMLA-qualified reason, the company leave administrator made no effort to offer him intermittent FMLA leave or ensure he understood his rights under the FMLA. She said that employees had to tell her that they were ill because she couldn't "read their minds."

Thus, the court allowed the case to move forward.

Hempen v. City of Nashville, Illinois; Southern District of Illinois, No. 3:22-cv-03133, February 24, 2025.