5th Circuit rejects FMLA claims, clarifies employee notice requirement

The U.S. Court of Appeals for the 5th Circuit in New Orleans (which covers Louisiana, Mississippi, and Texas) recently upheld a district court’s decision that an employer wasn’t liable to an employee who alleged it interfered with her rights under the Family and Medical Leave Act (FMLA) and retaliated against her for taking leave. The court ruled the employee didn’t properly notify her employer she intended to take leave for a qualifying reason. The 5th Circuit’s opinion offers guidance to employers navigating the intricacies of FMLA leave.

Employee sues for FMLA interference and retaliation

Elizabeth Cerda worked for Blue Cube Operations as a cell services operator in Freeport, Texas, from 2006 until Blue Cube ended her employment on April 21, 2020. In 2017, she took leave under the FMLA to recover from rotator cuff surgery. After exhausting her 12 weeks of FMLA-protected leave, she remained on leave for approximately 10 more months, returning to work in December 2018.

While she was on leave, Cerda’s team began reporting to a new supervisor, Steve Gibbons. When she returned to work, she informed Gibbons that her father was sick and that she was going to try to spend time visiting with him during her lunch breaks. However, she wasn’t eligible for FMLA leave again until August 2019.