Lack of documentation hinders NJ employer's ability to deal with suspected FMLA abuse

On August 6, 2021, the U.S. District Court for the District of New Jersey denied requests by both an employer and an employee to resolve a dispute over abuse of leave under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), which both give eligible employees job-protected time off to care for family members with serious health conditions. The employee claimed the employer interfered with his right to take intermittent leave by converting his absences to sick days and asking him to seek recertification of the FMLA leave. The court ruled it couldn't dispose of the case in its early stages or find the employer properly disciplined him for excessive absences, in part because the proper documentation was lacking.

Facts

The Camden County Board of Chosen Freeholders, doing business as the Camden County Department of Corrections (CCDC), employed Matthew Calio as a corrections officer. He applied for FMLA leave in 2018 to care for his mother, who suffered from dementia.

The CCDC approved Calio's request for intermittent FMLA leave. He was allowed to take leave for up to one absence per month, five days per absence, consistent with the medical certification he had provided.

Calio took FMLA leave on December 15, 2018, and then additional days on January 6, January 14, and January 28, 2019. On February 1, 2019, his supervisor recommended discipline for excessive FMLA leave use. He had been approved for only one occurrence per month (which would last up to five days), and his January 6 and January 28 absences had exceeded the allowance.