FMLA dispute settles key issues, for now

If employees engage in “protected activity,” they’re shielded from retaliation by employers. The following Texas case explores what activity is protected under the Family and Medical Leave Act (FMLA).

First, the facts

John Besser and Gregg Dodson are married. Dodson suffered a severe heart attack, and Besser took FMLA leave from the Texas General Land Office (GLO) to care for his spouse. So far, so good.

But Besser’s immediate supervisor, Kerry Danieli, was displeased, according to the employee:

• She told him it must be nice to be able to come in late to work when he was running behind schedule because of the need to care for his spouse. He complained to Kelly McBride, the overall supervisor, about the comment.
• When he declined to cover a shift he wasn’t required to take, Danieli (with an eye roll) asked how long he was going to “milk this situation.” Again, he reported the incident to McBride.

When McBride approved three days off for Besser to stay at home while family members were visiting, Danieli allegedly flipped out. She came into Besser’s office and started to berate him, saying “You are always off,” “your priority should be the GLO,” and “you are taking advantage” of Dodson’s illness. She was loud enough that other agency members heard her voice and came to see if everything was OK.

Besser told McBride about the incident, with the latter reportedly asking him not to tell HR because Danieli would be fired if he did. Another staff member reported the incident to HR, however, and Danieli was fired shortly thereafter.