Marquita Phillips v. Quebecor World Rai Incorporated

450 F.3d 308, 11 Wage & Hour Cas.2d (BNA) 900, 2006 U.S. App. LEXIS 14328, 2006 WL 1585477
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 12, 2006
Docket05-3744
StatusPublished
Cited by23 cases

This text of 450 F.3d 308 (Marquita Phillips v. Quebecor World Rai Incorporated) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marquita Phillips v. Quebecor World Rai Incorporated, 450 F.3d 308, 11 Wage & Hour Cas.2d (BNA) 900, 2006 U.S. App. LEXIS 14328, 2006 WL 1585477 (7th Cir. 2006).

Opinion

BAUER, Circuit Judge.

Marquita Phillips sued Quebecor World RAI, Inc. (Quebecor) for violations of the Family and Medical Leave Act (FMLA). The magistrate judge granted -summary judgment for Quebecor, finding that Phillips provided insufficient notice of a serious health condition. We affirm.

I. Background

Quebecor operates the Brookfield, Wisconsin, printing facility where Phillips was an employee since 2000. Phillips was eligible for FMLA leave, which she requested and received once in 2003. In her deposition testimony, Phillips acknowledged that she filled out an “Application for Family and Medical Leave of Absence” form provided by Quebecor in order to receive the leave.

The Quebecor World Attendance Policy (attendance policy) governs employee attendance. Phillips received a copy of the attendance policy, which provides that an employee with a continuing record of four to seven chargeable absences within a twelve-month period is subject to termination. Categories of absence considered “chargeable” include late arrivals, early departures, unexplained absences, and absences related to illness, injury, or non-qualifying personal reasons.

On August 1, 2003, Phillips was absent due to sickness. Because it amounted to her sixth chargeable absence within twelve months, she received a final warning for habitual absenteeism. From October 1 to October 3, 2003, Phillips was absent for personal reasons. This absence again gave Phillips six chargeable absences within twelve months, which prompted Linda Davis, Quebecor’s Human Resources Administrative Secretary, to issue another final warning. The October 10 letter advised Phillips that her “overall attendance record falls in the range we define as habitual absenteeism in Section 2.7 of the Policy” and warned that if she remained “in the range of four to seven chargeable absences during the next twelve months,” she would be subject to discharge.

*310 On October 15, Phillips reported to work, told her supervisor, Ron Lockerman, that she was “sick,” and left early. Lock-erman did not inquire about her sickness or request medical documentation. Phillips submitted a form to Davis indicating that she was seen at the Comprehensive Health Center that day and should be off work from October 15 until October 19. The three days she then took off work resulted in another chargeable absence. A month later, Phillips received half of a chargeable absence for arriving late to work. Less than two weeks after that, she received another half of a chargeable absence for the same reason.

On February 11, 2004, Phillips was again absent from work, was assessed another chargeable absence, and was terminated. Phillips was later diagnosed with a head tumor and sued under the FMLA. The magistrate judge granted Quebecor’s motion for summary judgment. Phillips appealed.

II. Discussion

Phillips claims that her termination violated the FMLA because the three-day absence beginning on October 15 should not have been considered chargeable. FMLA-qualifying leave may not be counted against an employee under an employer’s “no fault” attendance policy. 29 C.F.R. § 825.220(c). According to Phillips, she provided sufficient information to inform Quebecor that her absence was FMLA-qualifying and thus to trigger Quebecor’s duty to inquire into the nature of the medical reason for the absence. The magistrate judge, she claims, erred in granting summary judgment for Quebecor because a genuine issue of material fact existed regarding the sufficiency of the notice. We review the district court’s grant of summary judgment de novo. Ogborn v. United Food & Commercial Workers Union, Local No. 881, 305 F.3d 763, 767 (7th Cir.2002). Summary judgment is appropriate when the record reveals that “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c).

The FMLA grants eligible employees the right to take leave because of a “serious health condition” that renders them unable to perform the functions of their position. 29 U.S.C. § 2612(a)(1)(D). The statute defines “serious health condition” as including “an illness ... that involves ... continuing treatment by a health care provider.” 29 U.S.C. § 2611(11)(B). Regulations promulgated by the Secretary of Labor in turn provide a definition of “continuing treatment by a health care provider” that includes, in relevant part:

A period of incapacity (i.e., inability to work ...) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:
(A) Treatment two or more times by a health care provider ...; or
(B) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

29 C.F.R. § 825.114(a)(2)(i).

An employee provides adequate notice to the employer by stating “a qualifying reason for the needed leave.” 29 C.F.R. § 825.208(a)(2). After an employee provides the requisite notice, it becomes incumbent upon the employer “to designate leave, paid, or unpaid, as FMLA-qualifying.” 29 C.F.R. § 825.208(a). If “the employer does not have sufficient information about the reason for an employee’s use of paid leave, the employer should inquire further of the employee” as neces *311 sary to designate the leave, id., and may “obtain any additional required information through informal means.” 29 C.F.R. § 825.303(b). If the required notice is not given, however, the employer can deny leave even if the employee has a serious health condition. Aubuchon v. Knauf Fiberglass, GmbH, 359 F.3d 950, 951 (7th Cir.2004). This appeal turns on the adequacy of the notice Phillips provided.

When providing notice of leave, an employee is not required to “expressly assert rights under the FMLA or even mention the FMLA, but may only state that leave is needed.” 29 C.F.R. § 825.303(b). Employers, however, are “entitled to the sort of notice that will inform them ... that the FMLA may apply.” Collins v. NTN-Bower Corp.,

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450 F.3d 308, 11 Wage & Hour Cas.2d (BNA) 900, 2006 U.S. App. LEXIS 14328, 2006 WL 1585477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquita-phillips-v-quebecor-world-rai-incorporated-ca7-2006.