Urban v. Dolgencorp of Texas, Inc.

Citations: 393 F.3d 572; 10 Wage & Hour Cas.2d (BNA) 237; 2004 U.S. App. LEXIS 25205; 85 Empl. Prac. Dec. (CCH) 41,837; 2004 WL 2810080Docket: No. 03-11276

Court: Court of Appeals for the Fifth Circuit; December 7, 2004; Federal Appellate Court

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Debbie Urban filed a lawsuit against Dolgencorp of Texas, Inc. (Dollar General) in the Northern District of Texas, claiming her employment was terminated in violation of the Family Medical Leave Act (FMLA). The district court ruled in favor of Urban, granting her motion for summary judgment, asserting that Dollar General failed to comply with FMLA regulations by not allowing her to rectify deficiencies in her medical documentation necessary for her leave request. Dollar General appealed the decision. 

Urban had been employed since May 2001 and requested FMLA leave for bilateral carpal tunnel surgery scheduled for late May 2002, asking for leave from June 1 through August 24, 2002. After initially designating her leave as FMLA-qualifying, Dollar General required her to submit medical certification by June 24, 2002, later extending the deadline to July 9, 2002, upon her request. Urban did not provide the certification by the deadline, leading to her termination on July 19 and July 22, 2002, due to unauthorized absences after her non-FMLA leave expired.

Urban filed her suit in state court in September 2002, which was removed to federal court by Dollar General in October 2002. In June 2003, Urban moved for summary judgment on liability, while Dollar General filed a cross motion. The district court granted Urban's motion and denied Dollar General’s. Subsequently, Dollar General sought certification for an immediate appeal on the issue of whether federal regulations require employers to allow employees to cure deficiencies in medical certifications when none have been submitted. The appellate court reversed the district court's summary judgment in favor of Urban, rendering judgment for Dollar General instead.

Dollar General's motion was granted by the district court, and an appeal was subsequently allowed under 28 U.S.C. § 1292(b). The appellate court reviews summary judgment grants de novo, applying the same standards as the district court. Summary judgment is proper when no genuine issue of material fact exists, and the moving party is entitled to judgment as a matter of law, with evidence viewed in favor of the non-movant. The non-movant must provide specific facts to demonstrate a genuine issue for trial to avoid summary judgment. A genuine issue exists when a reasonable jury could favor the non-movant, while failure to establish an essential element of the case warrants summary judgment.

The Family and Medical Leave Act (FMLA), enacted in 1993, aims to provide job security for employees with serious health conditions. Eligible employees can take up to 12 workweeks of leave for serious health conditions. Employers may require medical certification for leave requests and must inform employees of the consequences of failing to provide adequate certification. The required certification must include details such as the start date of the condition, its duration, relevant medical facts, and a statement confirming the employee’s inability to perform job functions. If the certification is incomplete, employers must notify the employee and allow a reasonable opportunity to rectify the deficiency.

In this case, Urban notified Dollar General of her intent to request FMLA leave for carpal tunnel surgeries, and both parties recognized that Dollar General required medical certification and informed Urban of the potential consequences of late submission. The central issue is whether the curing provision in § 825.305(d) applies when an employee fails to submit any medical certification. Urban asserts that she provided the necessary certification to her physician and requested it be faxed to Dollar General, but it was never sent due to the physician’s office misplacing the form.

Urban claims she was unaware that Dollar General did not receive her medical certification by the July 9, 2002, deadline until she received letters dated July 19 and July 22, 2002, denying her FMLA leave request. She argues that her ability to address this deficiency under § 825.305(d) hinged on Dollar General informing her of the missing certification. Urban contends it was impractical for her to contact her doctor to resolve the issue until she was notified by the employer.

In contrast, Dollar General asserts compliance with all statutory and regulatory requirements, emphasizing that it granted Urban a 15-day extension beyond the deadline to submit her certification, which is not mandated by the FMLA or § 825.305(d). Dollar General argues that Urban's assertion that her doctor was at fault for the delayed submission is irrelevant, as it was her responsibility to ensure timely filing of the medical certification.

The Fifth Circuit has not ruled on whether an unsubmitted certification is considered incomplete under § 825.305(d). Urban cites case law to support her argument, referencing Jiminez v. Velcro USA, Inc., where the employee submitted a certification deemed incomplete due to insufficient information. However, the circumstances in Jiminez differ significantly, as the certification was submitted. Urban also references DeLong v. Trujillo, where the employee’s physician failed to send the certification, but the employer received a letter from the physician before any adverse action was taken. In that case, the court found a violation of the FMLA for not allowing the employee a chance to rectify the deficiency, which is not applicable here since Dollar General received no documentation from Urban prior to her termination. It is undisputed that Urban did not submit any documentation by the deadline, and both parties agree that Dollar General properly notified her of the deadline and potential consequences. Therefore, the case law Urban references does not support her position.

Dollar General references the Seventh Circuit's ruling in Rager v. Dade Behring, Inc. to support its position regarding employee leave under the Family and Medical Leave Act (FMLA). In Rager, an employee notified her employer of a need for leave due to surgery, but failed to submit the required medical certification by the specified deadline. Despite multiple reminders and an extended deadline, the employee did not comply and was subsequently terminated. The district court upheld the termination, and the Seventh Circuit affirmed, emphasizing that the employer had adequately informed the employee of the certification requirement and consequences for non-compliance.

In the current case, Dollar General similarly notified Urban of her obligation to submit medical certification and informed her of the repercussions of failing to do so. Urban was granted more than the minimum 15-day period to provide the documentation, receiving an extension beyond the initial deadline. Dollar General argues that interpreting § 825.305(d) to equate a lack of certification with an incomplete submission would undermine the FMLA's intended balance between workplace demands and family needs. The company contends that requiring ongoing notifications for non-compliance would diminish the significance of deadlines, allowing employees to indefinitely postpone submitting necessary documentation, thereby jeopardizing employers' interests as intended by Congress in the FMLA.

Dollar General fulfilled its obligations under the Family and Medical Leave Act (FMLA) prior to terminating Urban's employment. The court reversed the district court's summary judgment in favor of Dollar General. The FMLA allows leave for various reasons, including the birth of a child, adoption, or caring for family members with serious health conditions, as stated in 29 U.S.C. § 2612(a)(1)(A)(C). Urban acknowledged that any certification of her leave was received after the termination decision was made. The court referenced Rager v. Dade Behring, Inc., clarifying that the FMLA does not mandate a specific medical documentation format from employers.