Federal appeals court finds town’s decision not to reappoint employee on FMLA leave lawful

The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term expired, the U.S. 1st Circuit Court of Appeals (which covers Massachusetts employers) recently ruled, upholding a lower court’s opinion. Here’s what happened.

Facts

Linda Felix served as Kingston’s director of elder affairs for a term set to expire on December 31, 2013. The job was subject to reappointment. Before the end date, she applied for the maximum amount of FMLA leave. The Act guarantees 12 weeks of unpaid leave during any 12-month period for, among other things, a serious medical condition rendering the worker unable to perform her job duties.

Kingston granted Felix’s request for the full 12 weeks of FMLA leave, even though her term as director of elder affairs was slated to end during the leave period. When she reapplied to fill the vacancy, she wasn’t reappointed or even selected for an interview. She sued the town and various employees for, among other things, FMLA interference and retaliation and violations of the Massachusetts disability discrimination and whistleblower protection statutes.

A federal trial court ruled in Kingston’s favor and dismissed the case altogether. Felix appealed the decision to the 1st Circuit.

1st Circuit shoots down three arguments