Jill Diamond v. Hospice of Florida Keys, Inc.

677 F. App'x 586
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 27, 2017
Docket15-15716 Non-Argument Calendar
StatusUnpublished
Cited by18 cases

This text of 677 F. App'x 586 (Jill Diamond v. Hospice of Florida Keys, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jill Diamond v. Hospice of Florida Keys, Inc., 677 F. App'x 586 (11th Cir. 2017).

Opinion

PER CURIAM:

Jill Diamond worked for Hospice of Florida Keys, Inc., d/b/a Visiting Nurse Association of the Florida Keys, (“Hospice”) as a licensed clinical social worker. Over the course of her employment, she took intermittent leave under the Family and Medical Leave Act (“FMLA”) to care for her parents, who had serious health conditions. In March and April 2014, Diamond took unforeseeable FMLA leave for a total of nearly two weeks in order to care for her mother. Hospice notified her in early April that her continued absences were affecting her job performance and then, in early May, terminated her employment. Diamond filed this lawsuit alleging that Hospice interfered with her FMLA rights and fired her in retaliation for taking FMLA-protected leave. The district court granted summary judgment to Hospice. Because we find genuine disputes of material fact as to' whether Hospice violated Diamond’s rights under the FMLA, we vacate and remand.

I.

Hospice provides at-home healthcare services for residents and visitors of Monroe County, Florida, who have been diagnosed with serious or terminal illnesses. Diamond began working for Hospice full-time as a social worker in November 2011. In that role, Diamond was responsible for drafting care plans for patients, coordinating care plans with the Inter-Disciplinary Team, preparing financial and psychosocial assessments of patients and families, implementing bereavement programs for survivors of patients, and coordinating volunteer services. Hospice employed two other social workers in part-time capacities. Diamond’s direct supervisor was Judie Kliten-ick.

Beginning in June 2013, Diamond began taking intermittent FMLA leave in order to care for her elderly parents, who suffered from serious health conditions. Hospice approved Diamond’s requests for FMLA leave on various dates between June 2013 and February 2014.

Hospice required employees to take earned personal time off (“PTO”) hours concurrently with FMLA leave. 1 When Diamond returned from her intermittent FMLA leave, she frequently received written notices from Hospice warning her that her PTO balance was low and that exhaustion of PTO, along with absences, could adversely affect her job and benefits. The notices did not address FMLA leave at all. According to Hospice, its standard practice was to notify employees whenever their PTO balances dropped below sixteen hours, whether they had taken FMLA leave or not. Hospice discontinued issuing these notices for employees taking FMLA leave concurrent with PTO leave at some point in or after January 2014. Michelle Chennault, the Human Resources (“HR”) Manager at the time her deposition was taken, acknowledged at her deposition that an employee who received such a notice could be discouraged from taking FMLA leave.

*589 On March 20, 2014, Diamond learned that her mother was seriously ill. That same day, she signed and submitted an FMLA leave request to HR for the dates of March 21 (Friday) and March 24 (Monday). Her leave request was approved on March 21 by HR Manager Dee Eudy and Clinical Director Elizabeth Allatta. The request was returned to Diamond after approval.

While Diamond was out, Eudy sent her a memorandum requesting an updated medical certification from a. health-care provider to show that her parent had an FMLA-qualifying health condition. 2 In addition, the management of HR changed while Diamond was on leave. It appears that on March 24, Chennault took over the duties of HR Manager from Eudy. 3

Diamond returned to work on March 26. On that date, the CEO of Hospice, Jody Gross, warned Diamond that if she worked for any other company, she would be out of a job. Then, on March 28, Chennault sent Diamond a memo requesting “documentation to support your unscheduled leave beginning on Friday, March 21, 2014.” In the memo, Chennault requested, in addition to an updated certification, other documentation “to support the need of intermittent use of FMLA when a 30 day advance notice is not provided,” such as travel receipts or health-care provider receipts. Chennault also noted that similar supporting documentation would be required whenever Diamond took FMLA leave with less than 30 days’ advance notice. Diamond had never before been asked to provide travel receipts or similar documentation.

Hospice maintains that it believed that Diamond, despite the leave request she submitted to HR on March 20, was a “no call, no show” on March 21, 24, and 25. 4 Hospice connects its request for supporting documentation to that belief. Diamond counters that at no point did anyone at Hospice indicate to her that she was a “no call, no show” on those dates. Also, according to Diamond, she spoke by phone with her supervisor, Klitenick, on March 24 about patient issues, and Klitenick did not indicate that Diamond was absent without notice.

While the parties argue this factual dispute at some length, we find that it is not material to the issues before us. According to Chennault’s March 28 memo, Hospice knew that Diamond’s leave on March 21, 24, and 25 was potentially FMLA-qualify-ing, and the request for “supporting documentation” was based on a lack of 30 days’ advance notice, not whether Diamond had been a “no call, no show.” Chennault’s memo indicates that Hospice policy was to request supporting documentation for any FMLA leave taken with less than 30 days’ notice. Chennault’s later emails likewise connect the need for supporting documen *590 tation to the fact that Diamond took unforeseeable FMLA leave—that is, leave with less than 30 days’ notice. So, drawing-all reasonable inferences in Diamond’s favor, Hospice would have requested supporting documentation in the same manner even if Diamond had informed Hospice of her need for leave at the earliest opportunity, which was March 20, one day before she took leave.

Diamond’s mother was hospitalized on Friday, March 28, 2014. The following Monday, March 31, Diamond signed and submitted two requests for FMLA leave to care for her parents. The first request covered April 2-4 and 7-8 (April 5-6 was the weekend). The second request covered April 14-18.

Diamond was absent from work on April 2-4 and 7. She returned to work on April 8, one day early. At 10:20 a.m. on April 8, Diamond emailed Chennault voicing concern about Hospice’s requests for documentation because, on the day she left to care for her mother, April 2, Chennault had told her that Hospice “needed receipts to verify where [she] said [she] would be.” Diamond explained that she had turned in both a medical certification from her mother’s doctor stating the reasons her mother needed care and a note from the same doctor stating that she accompanied her mother to an appointment on April 7. Diamond asked for clarification of what receipts in particular Chennault was seeking.

At 11:35 a.m.

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677 F. App'x 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jill-diamond-v-hospice-of-florida-keys-inc-ca11-2017.