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Part and parcel, UPS worker delivers empty FMLA claim

March 2023 employment law letter
Authors: 
Chris Butler, Christopher Butler LLC

A federal appeals court recently upheld dismissal of an employee’s claim that his employer interfered with his right to take FMLA leave. The court found that the worker wasn’t entitled to an indefinite, medically unsupported leave of absence.

Facts

Ryan Walker started working for UPS in 1996. In late 2016, UPS demoted Walker from his business manager role and transferred him to another nearby facility. After his transfer, he failed to show up for work, sought FMLA leave, and applied for short-term disability benefits (STD).

Responding to his request, Aetna (UPS’s third-party benefits administrator) requested that Walker verify his condition and provide supporting medical documentation. After multiple requests for that information, he finally submitted a one-page doctor’s note, which failed to identify a date of onset, provide any information about the nature of his illness, or indicate an inability to perform one or more of his essential job duties. Due to his noncompliance, Walker’s STD claim and FMLA leave request were both denied.

By that point, and well into 2017, Walker had already been on leave for six weeks. Accordingly, UPS requested that he return to work. Despite the company’s request, Walker stayed home another five weeks.

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