Summary judgment affirmed for employer in FMLA case.

Byline: Thomas Franz

A 6th U.S. Circuit Court of Appeals panel affirmed a Western District of Michigan ruling that granted summary judgment to a mining company that fired an employee for abusing the Family and Medical Leave Act.

In LaBelle v. Cleveland Cliffs (MiLW No. 01-101122, 12 pages), the court affirmed that the terminated employee abused leave days by golfing and pairing his leave days with other scheduled days off.

Judge John B. Nalbandian wrote the opinion, joined by Senior Judge John M. Rogers and Judge Richard Allen Griffin.

Background

Plaintiff Kevin LaBelle was fired after working for a decade as a quality control lab technician at Cleveland Cliffs, Inc.'s mining operation.

LaBelle's job required him to pour and weigh mined materials, which meant he made repetitious motions while standing with his arms stretched in front of him up to 12 hours per day.

The court noted that LaBelle has avascular necrosis, or disruption of blood flow to the bones, and that leads to severe wearing and deformation of joints. That caused him to have both hips replaced in 2012, and the pain reached his shoulders a few years later.

In 2016, after receiving two correction notices for missing work, Cliffs' management advised him to get FMLA days, which he applied for starting in May 2016.

Cliffs denied the request by asserting that the information LaBelle provided did not show he was incapacitated for more than three consecutive days or that it was a chronic condition requiring treatment at least twice per year.

In August 2016, LaBelle's doctor provided documentation that it was necessary for LaBelle to miss work during shoulder flare-ups which would occur about once a month for three-day periods.

Cliffs approved that request and notified LaBelle he was entitled to FMLA leave for four medical appointments per year and for the monthly flare-ups. Cliffs also noted that improper use of the leave days could result in termination of employment.

In 2017, Cliffs began noticing LaBelle's use of FMLA days was just prior to vacation days or sick days.

Cliffs hired a private investigator to follow LaBelle when he took FMLA days on two summer Tuesdays, when LaBelle's golf league played. LaBelle was found golfing both times, and a Cliffs manager determined that LaBelle golfed without any signs of distress or discomfort.

Cliffs notified LaBelle that it suspected he was abusing FMLA and allowed LaBelle to request a hearing to explain his behavior and potentially avoid...