Barker v. Genesys PHO, LLC

46 F. Supp. 3d 717, 2014 WL 3687335, 2014 U.S. Dist. LEXIS 100839
CourtDistrict Court, E.D. Michigan
DecidedJuly 24, 2014
DocketCase No. 13-CV-11828
StatusPublished

This text of 46 F. Supp. 3d 717 (Barker v. Genesys PHO, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barker v. Genesys PHO, LLC, 46 F. Supp. 3d 717, 2014 WL 3687335, 2014 U.S. Dist. LEXIS 100839 (E.D. Mich. 2014).

Opinion

OPINION AND ORDER DENYING DEFENDANT GENESYS PHO, LLC’S MOTION FOR SUMMARY JUDGMENT (ECF # 14)

MATTHEW F. LEITMAN, District Judge.

INTRODUCTION

In July of 2011, Plaintiff Marianne Barker (“Ms. Barker”), an employee of Defendant Genesys PHO, LLC (“Gene-sys”), experienced very serious medical complications after her dog bit her hand. Ms. Barker told Genesys that her health problems were so serious that they prevented her from coming to work, and she did not report to work for her scheduled shifts between July 6 and July 21. Gene-sys concluded that Ms. Barker’s absences were not protected by the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. (the “FMLA”) — or excused for any other reason — and it terminated her employment. In this action, Ms. Barker alleges that Genesys interfered with her rights under the FMLA.

Genesys says that when Ms. Barker announced her need for time off, it exercised its right under the FMLA to require her to submit — within fifteen days — a physician’s certification that her condition prevented her from working. Genesys insists that Ms. Barker failed to provide this certification within the fifteen-day period, that her leave was thus not protected under the FMLA, and that it could (and did) lawfully terminate her employment for missing work. Genesys seeks summary judgment on this defense. {See Genesys Mot. and Br„ ECF # 14.)

However, there are material factual disputes as to whether the fifteen-day period for Ms. Barker to submit the certification began to run on the date that Genesys started counting (and, indeed, as to whether it began to run at all) and whether it was practicable for Ms. Barker to provide a certification within fifteen days. These fact questions preclude entry of summary judgment in Genesys’ favor. Accordingly, the Court DENIES Genesys’ motion.

FACTUAL BACKGROUND

A. Genesys Hires Ms. Barker

In 2009, Genesys hired Ms. Barker as a “Health Navigator/Quality Management Coordinator.” {See Ms. Barker’s Deposition, ECF # 17-18 at 150, Pg. ID 378.) Ms. Barker’s responsibilities included working with primary care physicians to develop health care plans and making recommendations for the improved delivery of health care services. {See Genesys Job Description, ECF # 14-4; Ms. Barker Dep. at 31, Pg. ID 259.)

B. Genesys’ Attendance and Medical Leave Policies

When Genesys hired Ms. Barker, it gave her a copy of its Human Resource Manual. {See Ms. Barker’s Dep. at 30, Pg. ID 258; see also Verification Form, ECF # 14-5.) Ms. Barker agreed to “abide by” the “rules and regulations” included in the manual. (ECF #14-5.)

Two policies included in the manual are relevant to this action: Genesys’ “Attendance and Punctuality” policy {see the “Attendance Policy,” ECF # 14-6) and its “Family and Medical Leave” policy {see the “FML Policy,” ECF # 14-7). In relevant part, the Attendance Policy states that “[ejmployees whose unscheduled ab[721]*721sences ... exceed acceptable levels are subject to corrective action up to and including termination.” (Attendance Policy at 1, Pg. ID 90.) The policy further provides:

1. If an employee will be absent from work, he/she must notify his/her supervisor ... at least one hour before scheduled work time ... If an employee’s unplanned absence continues for more than a day, the employee must call in daily to update his/ her supervisor ...
[....]
3. An occurrence of an unreported absence is defined as part or all of a single working day or series of consecutive working days. Unreported absences which exceed two (2) per year are considered excessive and subject to corrective action up to and including termination....

(Id.)

Genesys’ FML Policy “grant[s] up to 12 weeks of family and medical leave during any 12 month period, in accordance with the [FMLA].” (FML Policy at 1, Pg. ID 93.) The FML Policy allows an “employee [to] take a leave because of a serious health condition that makes the employee unable to perform the functions of the employee’s position.” (Id. at 2, Pg. ID 94.) The FML Policy states that Genesys “will require an employee to provide a doctor’s certification of the serious health condition.” (Id.) The required certification must, among other things, “[d]escribe the [relevant] medical facts .... [s]tate the approximate date the conditions commenced, and the probable duration of the condition.” (ECF # 14-11.)

The FML Policy instructs employees that they “should respond to the request for [a] certification within 15 days of the request or provide a reason for the delay.” (FML Policy at 1, Pg. ID 93.) The FML Policy does not specifically inform employees that failure to provide a certification could result in the termination of their employment. (See id. at 3, Pg. ID 95.) But the FML Policy does state that “[failure to provide [a] certification may result in denial of the leave.” (Id.)

C. Ms. Barker is Bitten by Her Dog, and She Informs Genesys of Her Need for Leave

On July 4, 2011, Ms. Barker’s dog bit her hand. (See Ms. Barker Dep. at 91-92, Pg. ID 319-320.) The bite required stitches and immediate antibiotic treatment from a local emergency room. (See id. at 151, Pg. ID 379.) The next night (the evening of July 5), Ms. Barker’s “hand started to swell and ooze.” (Id.) Ms. Barker planned to see her doctor the following morning, July 6, which was her first scheduled day of work after the bite. (See id. at 99-100, Pg. ID 327-328.)

In compliance with the Attendance Policy, Ms. Barker called her supervisor on the morning of July 6. Ms. Barker reported that she had been bitten by her dog, believed that her hand was infected, was going to see her doctor that morning, and would be absent from work. (See id.; see also id. at 151-152, Pg. ID 379-380.)

At the time Ms. Barker spoke to her supervisor on July 6, she had used up all of her available time off. She understood that “unless [she] had a justifiable excuse to be away from work[,] there was nothing that covered [her] absences at that [time].” (Id. at 127, Pg ID. 355; see also id. at 95, Pg. ID 323.) Ms. Barker therefore intended to seek leave under the FMLA and pursuant to Genesys’ FML Policy.

Ms. Barker was aware of the statement in Genesys’ FML Policy that Genesys will require an employee seeking FMLA leave to submit a physician certification within [722]*72215 days of a request. (See id. at 166, Pg. ID 394.) She also acknowledges that when she spoke to her supervisor on July 6, she “would have been thinking [about] or been advised to fill out” a certification. (Id. at 95, Pg. ID 323.) Moreover, on July 6, Ms. Barker had a blank certification form in her possession. (See id. at 110-111, Pg. ID 338-339.) She had obtained that form in April of that year when she was dealing with a different medical condition. (See id.)

There is no evidence that Genesys made a written request for a certification on July 6. Nor does the record contain evidence that on July 6 Genesys advised Ms.

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Bluebook (online)
46 F. Supp. 3d 717, 2014 WL 3687335, 2014 U.S. Dist. LEXIS 100839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barker-v-genesys-pho-llc-mied-2014.