Employer’s ambiguous communications lead to trial in FMLA case

Ambiguous and confusing communications by an employer and benefits administrator to an employee about her Family and Medical Leave Act (FMLA) and short-term disability (STD) leave requests created issues of fact for a trial to decide, a federal district court in Columbus recently ruled.

Facts

Abby Knaup worked for Molina Healthcare of Ohio from April 2017 to November 10, 2018. She claimed three coworkers harassed and bullied her during her tenure at the company. Her primary complaint was that they falsely told HR she was having an affair with her supervisor, which caused her to have to meet with HR three times.

Knaup claims her own harassment charges were ignored except when she complained to the supervisor with whom she was accused of having the affair. According to her, he responded by saying he would put her and the three coworkers in the same room and let them “duke it out.” Consequently, Knaup claims she would get nauseous and vomit if she had to go to work.

On October 10, 2018, Knaup applied to take leave under the FMLA and Molina’s STD policy. The next day, the employer’s third-party administrator let her know she was “eligible,” meaning she “met the requisite criteria to be considered for leave” from October 10, 2018, to January 1, 2019. At the end of that period, however, she would be unable to take additional FMLA leave because she would have exhausted her 12-week leave allotment under the Act, according to the letter.