College Employee Claims FMLA, ADA Discrimination

perceived a potential fmla leave situation when kobus asked about leaves in that he must submit a medical certification, as kobus admitted, this was sufficient oral submitted: february 10, 2010 � 825.313(b). the fmla provides that an eligible employee is entitled to twelve weeks of college's response. for these reasons, the district court did not err in granting see 29 u.s.c. � 2613(a); scobey, 580 f.3d at 786. if an employee "fails to handbook provided: "the family medical leave of absence must be requested in caused kobus's alleged constructive discharge. after his first phone conversation on notice that the employee is requesting reasonable accommodation."7 his alternatives were limited -- the court concludes that this threshold concerning the employee's disability and functional limitations." http://www.ipacweb.org/files/eeoc-psych.pdf (last accessed june 14, 2010). the leave? michael w. kobus, * here, as the district court recognized, that is not the issue because supervisor orlowski whether a certification was required, he should have submitted a request for fmla "mental health leave" to deal with head and neck pain caused by stress and anxiety.3 � 1630.9, at 381 (july 2008 ed.); wallin v. minn. dep't of corrections, 153 f.3d 681, * ___________ 2010. he has been succeeded by the honorable william jay riley. discriminated against him on account of disability in violation of the americans with -5- the family medical leave act (fmla) in violation of 29 u.s.c. � 2615(a)(1), and college), alleging that his forced resignation interfered with or denied his rights under nothing available for me."2 leave without a certification, making his intent to apply clear, and waited for the 4 condition. see, e.g., scobey, 580 f.3d at 786-87 and 791 (bye, j., dissenting). but limitationswereapparentatwork;whereherepeatedlydeclinedtoreveal fmla leave to submit a medical certification,4 fmla leave must "provide sufficient information for an employer to reasonably for time off because he is "depressed and stressed" as "sufficient to put the employer kobus worked as a painter from august 1997 to january 2007, supervised by don't have a doctor. do you have anything else?" "out sick." on january 18, kobus called orlowski to ask for a "mental health leave" find that the college's fmla documents were ambiguous in requiring a medical eeoc notice no. 915.002, enforcement guidance on the americans with that the college "may" require medical certification, the term used in the prototype of absence would not be granted. the associate director asked orlowski to verify what's involved?" and he said something about a doctor, and i says, "i * ___________ because family problems were causing "these knots in my neck and the pains in my accommodation is not obvious, the employer may ask for reasonable documentation the honorable james b. loken stepped down as chief judge of the united told him he could apply for fmla leave if he had a serious medical condition. kobus and anxiety but did not disclose the depression diagnosis or that he was taking paxil. denied a leave of absence to reasonably accommodate his depression disability. apart * appeal from the united states on january 18, 2007, and the college denied him this entitlement when it told him no v. * district court for the f.3d 627, 629-30 (8th cir. 1995) (collecting cases). we affirm the dismissal of these certification as part of an fmla leave application. the "request for family medical f.3d 1043, 1049 (8th cir.), cert. denied, 528 u.s. 1050 (1999). the employee seeking notice of the requirement. see 29 c.f.r. �� 825.301(b)(1)(ii), (c)(2)(ii) (2008).6 required, as he admitted, he should have obtained the certification and submitted a leave." we agree. like the employee in sanders v. may department stores, 315 f.3d complaining of stress and anxiety is not enough to put an employer on notice of a -3- "may be" required. like the district court, we conclude that no reasonable jury could later that afternoon, orlowski called kobus. according to kobus, orlowski "told me q: okay. and then what did tim say? he was working on a deal where i would get paid two weeks' severance pay, and i the college's fmla leave policy as published in the employee handbook." the doctor to sign some piece of paper to apply for the leave." kobus replied, "i don't -4- request for fmla leave instead of resigning. on the other hand, if he was uncertain i. background -8- in addition, even if we agreed with kobus that the college's fmla documents work to deal with his stress and anxiety because, he testified, everything "was piling the regulations expressly provide that employers "may duplicate the text of plaintiff - appellant, * some trouble. i don't have a doctor. is there any other way i can go?" head." when asked at his deposition, "what did tim say," kobus testified: serious health condition. see rask v. fresenius med. care n. am., 509 f.3d 466, 473 does a claim under the ada." rask, 509 f.3d at 469. to establish a claim of prescribed the antidepressant paxil. kobus told orlowski he was suffering fromstress cases apply the requirement in the regulations that an employee "inform the employer "i didn't need any leave. not just fmla; any leave. i did not need a leave at that provide the employer with a complete and sufficient certification . . . the employer gruender and benton, circuit judges. kobus argues that the college duty based on general information the employee provided about his or her medical parts 1, 2, and 4." it also required the employee to state, "i have read and understand absenteeism. kobus again was absent from january 15 to 18, 2007. each day, he left none of our these unequivocal directives were not countermanded by the fact that the handbook after the phone conversation, orlowski explained kobus's request to the 843 (5th cir. 2007). defendant - appellee. * disabilities act and psychiatric disabilities (mar. 25, 1997), available at college summary judgment, dismissing these claims. kobus appeals. reviewing the ___________ loken, chief judge. ______________________________ protection, the employer does not violate the fmla by terminating the employee for conceding as he must that the college may require an employee applying for have a doctor. is there any other way i can go?" when orlowski called back to november 2006. orlowski told kobus he might be eligible for fmla leave and the judgment of the district court is affirmed. michael kobus sued his former employer, the college of st. scholastica (the time" because "i thought i could handle it." the employee provides enough information to put the employer on notice that the 6 leave was available. medical leave act?' and mike told me he did not want to apply for fmla." kobus kobus had no vacation or sick leave time available; his time card recorded that he was writing [and] must be accompanied by the medical certification form (section iv)." the regulations have since been amended. see scobey, 580 f.3d at 785 n.2. like depression, "stress and anxiety" are conditions with many variations. � 825.303(b); see woods v. daimlerchrysler corp., 409 f.3d 984, 992 (8th cir. 2005) employee may be in need of fmla leave." browning v. liberty mut. ins. co., 178 college's associate director of human resources. the two determined that a leave a: and that's when i asked, "is there any" -- you know, "this might be affirmatively indicate an interest in pursuing fmla leave after that that kobus "was just asking for a leave of absence from the college without fmla," kobus admits that orlowski then prudently asked whether kobus was requesting interfered with his exercise of fmla rights because its written leave policies failed here, where the record contains no specific evidence that kobus's wallin, 153 f.3d at 689. moreover, we agree with the district court that the last option was suggested by his employer -- even after it was apparent that depression or his antidepressant medication. after the meeting, orlowski put the his diagnosis to his employer; where he expressed doubt about his ability leave and in fact expressly rejected it. when an employee is made aware of the disabilities act (ada), 42 u.s.c. �� 12112(a) and (b)(5)(a), and the minnesota grant of summary judgment de novo, we affirm. see scobey v. nucor steel-arkansas, with the associate director on january 19. want a leave of absence from the college and you do not want to apply for family and to ask "whether or not a physician could sign off or certify him to be on leave." kobus alleged that the college violated the ada and the mhra when it you you'd have to get a doctor to sign some piece of paper to apply for no. 09-1583 that an accommodation is needed." 29 c.f.r. app. � 1630.9, at 381 (july 2008 ed.); put the form in his drawer without reading it. kobus testified that he told orlowski, kobus submitted a letter of resignation the next day. he a disability to inform the employer that an accommodation is needed." 29 c.f.r. app. procedures necessary to obtain fmla leave and chooses not to seek fmla human rights act (mhra), minn. stat. � 363a.08. the district court1 prior ada notice cases cited the enforcement guidance as controlling. see rask, 509 f.3d at 470-71; wallin, 153 f.3d at 689; miller, 61 f.3d at 629-30. instead, those a: that's what he said. granted the personal and family misfortunes, kobus was diagnosed with depression and "to ensure this form is filled out completely," and instructed a physician to "complete did not mention depression or his medication during either phone conversation with to confirm his diagnosis with a doctor; and where he failed to q: okay. he brought that up? kobus argues that question 17, answer a, in the equal employment a: yeah. "are you going to do that?" and i says, "well, i don't know. during the first january 18 phone call, kobus told orlowski that he needed a * district of minnesota. 7 ___________ advise that no other leave was available, kobus submitted his resignation instead of an fmla leave application. viewing these facts in the light most favorable to kobus, (2008).5 employee." 29 u.s.c. � 2612(a)(1)(d). "[t]he employer's duties are triggered when wouldn't have to work for it, and they would accept my resignation because there was excessive absenteeism. greenwell v. state farm mut. auto. ins. co., 486 f.3d 840, unpaid leave per year for reasons that include, "because of a serious health condition * the honorable john r. tunheim, united states district judge for the denies there was any discussion of fmla in the second phone call. if material, this united states court of appeals filed: june 21, 2010 a: he asked about the family medical leave act. the notice contained in appendix c." 29 c.f.r. � 825.300(a)(4). 689 (8th cir. 1998), cert. denied, 526 u.s. 1004 (1999); miller v. nat'l cas. co., 61 3 poster promulgated by the department of labor. see 29 c.f.r. pt. 825, app. c before loken, chief judge,* ambiguously addressed this issue, a reasonable jury could not find that the ambiguity ("notice as soon as both possible and practical that a serious health condition caused college'sformentitled,"requestforfamilymedicalleave,"inkobus'smailboxand orlowski, nor did he refer to this condition or fmla leave during an exit interview to "clearly provide" that a medical certification "must" be submitted, as opposed to ii. the fmla claim his absence") (quotation omitted). kobus claims he had a serious medical condition (8th cir. 2007), cert. denied, 128 s. ct. 2965 (2008); 29 c.f.r. � 825.303(b). sentence in example a applies in this case: "if the employee's need for employee never provides a certification, "the leave is not fmla leave." 29 c.f.r. 580 f.3d 781, 785 (8th cir. 2009) (standard of review). many cases have turned on whether the employer failed to perceive an fmla a: he says, "i'll check and i'll get back to you later on." in a november 2006 meeting, kobus told orlowski that he may need time off from orlowski testified: "i asked him . . . `mike, are you telling me that you just leave" form that orlowski provided kobus in november 2006 directed the employee for the eighth circuit determine whether the fmla may apply to the leave request." 29 c.f.r. fmla leave. kobus asked what was involved. orlowski said, "you'd have to get a tim orlowski, the college's maintenance manager. in mid-2005, due to a series of opportunity commission's ada enforcement guidance lists an employee's request the college of st. scholastica, inc., * iii. the mhra and ada claims ___________ a message informing orlowski that he was experiencing headaches and neck pain. claims for the reasons stated by the district court: summary judgment dismissing kobus's fmla claim. 940, 944 (8th cir.), cert. denied, 539 u.s. 942 (2003), kobus did not pursue fmla 1 q: when tim mentioned the family and medical leave [act], did he tell therefore, when orlowski told kobus during the first january 18 phone call states court of appeals for the eighth circuit at the close of business on march 31, -6- 5 from one difference not relevant here, "an mhra claim proceeds the same way as -2- provided the college's fmla leave application form. kobus expressly disclaimed -7- that makes the employee unable to perform the functions of the position of such q: okay. is a disputed issue of fact, so we credit kobus's account of the conversation. has not been met. 2 needing fmla leave, or any leave at all. he explained, "i thought i could handle it." up, and i was asking him about different leaves." once again, kobus did not mention elsewhere used the statutory word "may," or that the college's fmla poster stated district of minnesota. may deny the taking of fmla leave." 29 c.f.r. � 825.305(d). indeed, if the the district court concluded that he "failed to adequately state an intent to take fmla in late november 2006, orlowski issued kobus a written warning for excessive disabilitydiscriminationundertheada,"itistheresponsibilityoftheindividualwith with orlowski on january 18, if kobus believed that a medical certification was