Chaney v. Eberspaecher North America

955 F. Supp. 2d 811, 2013 WL 3381437, 2013 U.S. Dist. LEXIS 94534
CourtDistrict Court, E.D. Michigan
DecidedJuly 8, 2013
DocketCase No. 12-13023
StatusPublished
Cited by3 cases

This text of 955 F. Supp. 2d 811 (Chaney v. Eberspaecher North America) 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
Chaney v. Eberspaecher North America, 955 F. Supp. 2d 811, 2013 WL 3381437, 2013 U.S. Dist. LEXIS 94534 (E.D. Mich. 2013).

Opinion

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [16]

NANCY G. EDMUNDS, District Judge.

The motion for summary judgment before the Court pertains to a lawsuit brought by Plaintiff Kimberly Chaney against her former employer, Defendant Eberspaecher North America for alleged violations of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601 et seq. Plaintiff alleges that Defendant improperly interfered with her right to take leave under the FMLA, and that she was discriminated against for exercising her rights thereunder. Defendant moves for summary judgment on both of Plaintiffs claims. For the reasons set for below, Defendant’s motion is GRANTED IN PART and DENIED IN PART.1

I. FACTS

Defendant is a corporation that manufactures automobile parts. Def.’s Mot. Summ. J. at 1. Plaintiff began working for Defendant in February of 2008 as a temporary employee. PL’s Resp. to Defi’s Mot. Summ. J. at 1. She was subsequently hired as a permanent employee in August 2008. Id. Plaintiff was then partially laid off in December 2008, and permanently laid off in April 2009, only to be rehired in January 2010. Id. While Plaintiffs initial work assignment was at Defendant’s Brighton, Michigan plant, when she was rehired in 2010, she was assigned to Defendant’s Wixom, Michigan plant. Id.

Plaintiff injured her shoulder on the job in May 2010 and was placed on a medical work restriction. Id. at 3. Defendant accommodated Plaintiffs restriction by changing her work assignment appropriately, but Plaintiff eventually required surgery to address the injury. Id. at 3-4. Plaintiff underwent surgery on March 15, 2011, and when she returned to work approximately two weeks later, she continued on with a medically restricted work assignment. Id.

Defendant has a comprehensive attendance policy, often referred to as a “no-fault” attendance policy. Def.’s Mot. at 2. Specifically, Defendant tracks its employees’ attendance and assesses one point for each unexcused absence and half-a-point for each unexcused lateness or early departure from work. Id. at 2. An employee is terminated, without exception, upon the accumulation of five attendance points.2 [814]*814Id. Employees can request time off in advance for approved reasons, but, in the event of an unforeseen absence, the employee must provide documentation “no later than the date of [the employee’s] return to work” to certify that the absence qualifies for excusal or the employee will receive a point for each unapproved day off. Id.

Defendant also has a policy for administering leave under the FMLA. Id. at 4. Defendant’s FMLA policy reads, in pertinent part, as follows:

All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the HR manager. Within five business days after the employee has provided this notice, the HR manager will complete and provide the employee with the DOL Notice of Eligibility and Rights.
When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days’ notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice for the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the Company’s usual and customary notice and procedural requirements for requesting leave, absent any unusual circumstances.

Def.’s Mot., Ex. 8, p. 6. Additionally, it is Defendant’s practice, although not explicitly laid out anywhere, to run worker’s compensation leave concurrently with FMLA leave. Def.’s Mot. at 4. Defendant calculates an employee’s available FMLA leave by counting back one year from the date of the requested leave.3 PL’s Resp. at 9.

Defendant’s “usual and customary” practice for requesting leave after an unforeseen absence, as noted above, requires submission of documentary proof for the absence no later than the day an employee returns to work. Def.’s Mot. at 3.

Plaintiff appropriately requested, and Defendant granted, FMLA leave in March 2011 for Plaintiffs work-injury-related shoulder surgery. PL’s Resp. at 4. Specifically, Defendant’s Human Resources Manager Cheryl Lipan processed Plaintiffs FMLA request for time off from March 15, 2011 through March 30, 2011. Id. On May 2, 2011, approximately seven weeks after returning to work, Plaintiff complained of pain in her injured shoulder and left work early to see her doctor. Id. at 4-5. Plaintiff returned to work on May 5, 2011 with a note from her doctor stating that she was not to work on May 3 or 4, 2011 because of complications from her recent shoulder surgery. Id. In deposition testimony, Ms. Lipan acknowledged that Plaintiff provided the requisite documentation to certify the absences as medically excused for the purposes of workmen’s compensation and the FMLA. PL’s Resp., Ex. E, Dep. of Cheryl Lipan, January 9, 2013, p. 33. Ms. Lipan further testified that she understood that the May 3 and May 4 absences were “related to [Plaintiffs] shoulder injury ... [and that they] were related to [Plaintiffs] workmen’s comp issue.” Lipan Dep. at 34. Nevertheless, Defendant assessed Plaintiff two attendance points for her May 3 and May 4 absences. PL’s Resp. at 6. Plaintiff protested the points by refusing to sign the acknowledgment form that customarily accompanies the assessment of attendance points. Id. Defendant insists that according to its attendance tracking software, Plaintiff did not have any FMLA leave available in May 2011. Lipan Dep. at 44-[815]*81547. Defendant also states that Plaintiff did not fill out the proper form to request FMLA leave, Def.’s Rep. at 2, but during her deposition, Ms. Lipan also stated that FMLA leave “wasn’t offered to [Plaintiff]” for the May 3 and May 4 absences. Id. at 72.

In the time between May 6, 2011 and October 2011, Plaintiff missed several days of work, many of which were covered by FMLA and workmen’s compensation or were excused absences under Defendant’s attendance policy. Def.’s Mot. Ex. 10, p. 14-19. During that time, however, Plaintiff also accumulated three more no-fault attendance points, bringing her to five points and resulting in her termination on October 21, 2011. Id. There is no dispute that the three points Plaintiff received after May 6, 2011 were appropriately assessed under Defendant’s attendance policy.

Plaintiff brought this lawsuit on July 10, 2012, claiming interference with her right to take FMLA leave and retaliation or discrimination for exercising her FMLA rights. Defendant now moves for summary judgment.

II. ANALYSIS

A. The Standard on Motion for Summary Judgment

The Sixth Circuit recently reiterated the familiar standard for summary judgment, stating that summary judgment is proper when the movant “shows that there is no genuine dispute as to any material fact, and that the movant is entitled to judgment as a matter of law.” U.S. SEC v. Sierra Brokerage Services, Inc.,

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Cite This Page — Counsel Stack

Bluebook (online)
955 F. Supp. 2d 811, 2013 WL 3381437, 2013 U.S. Dist. LEXIS 94534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaney-v-eberspaecher-north-america-mied-2013.