Court deems broken toe and voicemails were sufficient for FMLA claim

Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? It depends on the circumstances. But an Ohio federal district court recently held an employee's FMLA interference claim can go to trial in a case where there was a dispute of whether his broken toe constituted a serious health condition and whether he provided sufficient notice to his employer of the need for FMLA leave.

Facts

Gregory Scholl was employed by Miami Valley Polishing, LLC (MVP), in Piqua, Ohio. MVP supplies polished aluminum components to the motor vehicle industry. Scholl worked for MVP as a metal polisher. His job duties required him to stand for lengthy periods of time. Work boots were required to be worn for his position.

MVP has a point-based attendance policy. If an employee accumulates nine points in a calendar year, his employment is terminated.

On Friday night, March 1, 2019, Scholl fractured his fifth toe at home when he hit his foot on a case of water bottles. He was scheduled to work the next morning but was in too much pain from his toe injury. He called in before his shift to report he wouldn't be coming into work. He claims his voice message said he thought he broke his toe the night before, but MVP's attendance record for him stated he "called off sick."