Employer jumped to an FMLA abuse conclusion (and lost)

Employers don’t have to let employees take Family and Medical Leave Act (FMLA) leave for reasons that don’t qualify, nor should they. They shouldn’t, however, jump to conclusions about FMLA leave abuse when assessing someone’s leave reasons. Employers should look at all the facts involved before proceeding. A recent court decision agrees.

Case in point

In April, Toby, an employee, applied for FMLA leave for his chronic kidney stones. The certification indicated that he would need intermittent leave up to 3 times per month for 1 day per episode.

Things went fine until August 23, when Toby asked for time off. The conversation went something like this:

• Toby: Can I have a personal day tomorrow because my kids are starting a new school?
• Employer: Let me see if one’s available. It’s not available for tomorrow.
• Toby: Well, okay. I guess you’ll have to put me on FMLA leave then.
• Employer: OK, so FMLA for your kids’ school event.
• Toby: Thank you.

Toby ended up taking 4 days of medical leave.

Based on the phone conversation, the employer charged Toby with FMLA misuse and removed him from work pending an investigatory hearing.

At the hearing, Jolanda, the company’s FMLA manager, said it was clear, based on the conversation, that Toby “….marked off FMLA for an unapproved reason”—so clear that “[t]here wasn’t a need” for the company to “determine if the leave that [Toby] requested was actually used for FMLA protection or for purposes of the FMLA.”

Toby said that he needed to be off both because his kids were starting a new school and because his medical condition had started to flare up. He explained that he initially asked for a personal day, rather than FMLA leave, so he would be paid for the day and could avoid using up his FMLA time.

Toby said he saw a doctor for his flare-up and provided a doctor’s note dated August 24. The note said that Toby had been under a doctor’s care from August 24 to 27.

After the hearing (and despite the doctor’s note), the employer concluded that Toby had misused FMLA leave and fired him.

Toby sued, and the court sided with him, disagreeing with the employer’s argument that Toby had misused FMLA leave. Toby had enough evidence to establish that the employer’s decision to fire him wasn’t “reasonably informed and considered….”  

The employer’s only basis for believing Toby misused FMLA leave was his phone call. The call didn’t conclusively establish that Toby engaged in misconduct, especially given his testimony that he needed to deal with both medical needs and family obligations. The doctor’s note also provided evidence that Toby’s request for leave was legitimate.

Pack v. CSX Transportation, Inc.; Southern District of West Virginia; No. 3:24-0688; January 14, 2026.