Court sinks involuntary FMLA leave claim against shipyard

The U.S District Court for the Eastern District of Pennsylvania recently ruled against a worker who sought damages under the Family and Medical Leave Act (FMLA) by claiming his employer forced him to take FMLA leave in violation of the statute. The court looked at the so-called “involuntary leave” and quickly rejected his attempt to pave a new claim under the FMLA.

Facts

On November 3, 2016, Robert Tate, an employee of Philly Shipyard, Inc., was injured while throwing scrap metal into a recycling bin. He visited a physical therapist, who placed him on modified duty with lifting restrictions. Another healthcare provider later modified his restrictions, recommending he avoid repetitive bending, stooping, kneeling, and squatting below waist level, but the shipyard never provided him with light job duties.

Eventually, Tate filed a grievance with his union, after which he was allegedly harassed. On July 26, 2017, he was placed on intermittent FMLA leave, and on November 1, he was allegedly forced out of work.

Tate filed suit against Philly Shipyard and other entities for alleged violations under the FMLA. Among other things, he claimed the shipyard interfered with his FMLA rights by forcing him to take leave. In response, the shipyard asked the court to dismiss the case, arguing he failed to state a plausible claim.

Analysis