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Kimberly Babcock v. Bellsouth Advertising and Publishing Corporation

Citations: 348 F.3d 73; 9 Wage & Hour Cas.2d (BNA) 78; 2003 U.S. App. LEXIS 21980; 84 Empl. Prac. Dec. (CCH) 41,508; 2003 WL 22434749Docket: 02-1791

Court: Court of Appeals for the Fourth Circuit; October 28, 2003; Federal Appellate Court

Narrative Opinion Summary

The case involves a dispute between an employee, Babcock, and her employer, BellSouth, over the eligibility for leave under the Family and Medical Leave Act (FMLA). Babcock, who began working for BellSouth in June 1999, was diagnosed with serious health conditions in April 2000. She sought medical leave but was informed by BellSouth that she was not eligible for FMLA leave, as her employment had not reached the twelve-month threshold by the time she first took leave on May 19. However, Babcock argued her FMLA-qualifying leave started on June 9, after she completed one year of employment. The case was removed to federal court, where BellSouth's motions for summary judgment and judgment as a matter of law were denied. The jury ruled in favor of Babcock, awarding her damages for wrongful termination. The appellate court upheld the jury's decision, agreeing that Babcock became an eligible employee by June 9 and was entitled to FMLA protection. The court emphasized that employers should determine employee eligibility, and BellSouth retained Babcock on payroll until she gained eligibility, making its actions unjustifiable. Ultimately, the court affirmed the district court's judgment, supporting Babcock's claim under the FMLA.

Legal Issues Addressed

Commencement of Leave under FMLA

Application: Babcock's leave, relevant for FMLA eligibility, was determined to have commenced on June 9, post her one-year anniversary, as the leave before this date was under BellSouth’s short-term disability policy.

Reasoning: Babcock counters that her relevant leave commenced on June 9, after her one-year anniversary, when she requested unpaid medical leave.

Eligibility for FMLA Protection

Application: The court determined that Babcock became an eligible employee under the FMLA upon completing twelve months of employment, allowing her to take medical leave protected under the FMLA.

Reasoning: The court agreed with BellSouth’s assertion that Babcock was not entitled to FMLA coverage for the period from May 19 to May 27, as she was not yet an eligible employee. However, upon her request for leave on June 9, she had become an eligible employee due to her completion of one year of employment.

Employer Knowledge of Employee Eligibility

Application: The court found that BellSouth, having superior knowledge of employment timelines, could not penalize Babcock for utilizing the unexcused absence period to gain FMLA eligibility.

Reasoning: BellSouth cannot argue that Babcock improperly utilized her unexcused absence to gain FMLA eligibility, as her employment status prior to her one-year anniversary was determined by BellSouth, which had superior knowledge of employee eligibility.

Informing Employer for FMLA Protection

Application: An employee need not explicitly reference the FMLA to receive its protections; notifying the employer of the need for leave due to a qualifying reason is sufficient.

Reasoning: Importantly, an employee does not need to explicitly mention the FMLA to invoke its protections; it suffices to inform the employer of the necessity for leave for a qualifying reason.

Judgment as a Matter of Law

Application: The appellate court affirmed the denial of BellSouth’s motion for judgment as a matter of law, as sufficient evidence supported the jury’s verdict in favor of Babcock.

Reasoning: The district court's judgment was therefore affirmed. In reviewing the district court's denial of BellSouth's motion for judgment as a matter of law, the facts are considered favorably for Babcock, the nonmoving party.