Mary E. Grosenick v. Smithkline Beecham Corporation, Doing Business as Glaxosmithkline

454 F.3d 832, 11 Wage & Hour Cas.2d (BNA) 1098, 2006 U.S. App. LEXIS 18172, 153 Lab. Cas. (CCH) 35,165
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 20, 2006
Docket05-3393
StatusPublished

This text of 454 F.3d 832 (Mary E. Grosenick v. Smithkline Beecham Corporation, Doing Business as Glaxosmithkline) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mary E. Grosenick v. Smithkline Beecham Corporation, Doing Business as Glaxosmithkline, 454 F.3d 832, 11 Wage & Hour Cas.2d (BNA) 1098, 2006 U.S. App. LEXIS 18172, 153 Lab. Cas. (CCH) 35,165 (8th Cir. 2006).

Opinion

MELLOY, Circuit Judge.

Mary Grosenick appeals the district court’s 1 grant of summary judgment for SmithKline Beecham Corporation (“Glaxo”) against her claim under the Family and Medical Leave Act (“FMLA”), 2 29 U.S.C. § 2612. Grosenick argues that the district court erred in finding no genuine issue of material fact as to whether Grosenick was given proper notice of the dates of her FMLA protected medical leave. We affirm.

I.

Grosenick was a pharmaceutical sales representative for Glaxo from December 1992 until January 2002. The events of Grosenick’s last six months with Glaxo form the basis of the lawsuit at issue in this appeal. 3

On July 30, 2001, Grosenick gave notice to Glaxo that her physician recommended that she have surgery on her knee. Gro-senick forwarded the doctor’s recommendation to Sandi Cerretti, a Glaxo employee designated to handle leave requests. On that same day, Cerretti sent Grosenick a form letter letting Grosenick know that she was eligible for protection under the FMLA. The FMLA letter stated that “[t]he medical and/or family leave you have requested will be counted against your twelve-week entitlement under FMLA.” The materials also stated that “[sjhould *834 your leave of absence exceed twelve weeks within a rolling twelve month period, Company policy allows your manager to fill or eliminate your position.” In an email to her supervisor, Grosenick confirmed that effective July 30, Grosenick was on medical leave. Although Grosenick’s July 30 email said that she would begin leave immediately, Glaxo did not compute the beginning of the leave period until August 2, 2001.

On August 20, 2001, Grosenick again met with her doctor. It was at this time that Grosenick and her physician completed the necessary forms for her FMLA leave. The physician certified that Gro-senick should not work until her knee surgery was completed.

Glaxo did not complete the actual written approval of Grosenick’s medical leave until after her leave had begun. On August 30, 2001, Glaxo approved Grosenick’s medical leave under the FMLA. In the approval of leave, the stated period for leave was given as August 20, 2001, through September 20, 2001.

On September 24, 2001, Glaxo granted a second request for medical leave that extended Grosenick’s leave until October 10, 2001. On or around October 10, 2001, Grosenick began to argue with representatives of Glaxo about the proper start date for her leave. Using August 2, 2001 as the start date of Grosenick’s FMLA leave, Glaxo determined that her twelve week period of protected leave was to end on October 24, 2001. Also on or about October 10, 2001, Grosenick sent Glaxo a medical update stating that she was unable to work. Grosenick told company representatives that her surgery was tentatively scheduled for November 20, 2001. There were phone calls and emails sent between Grosenick and representatives of Glaxo, but there was no definitive agreement as to Groseniek’s start date for medical leave. Grosenick claims to have not received several communications from Glaxo that were attempts to notify her of the imminent end of her twelve weeks of FMLA leave time.

Grosenick returned to work on October 21, 2001 and worked through October 24, 2001. On that date, Glaxo listed Grosenick as a “displaced employee.” This status did not terminate Grosenick’s employment with Glaxo, but did leave Grosenick without an assigned position with the company. Under company policy, Grosenick was afforded thirty days to find a new position within the company. On October 26, 2001, Glaxo gave Grosenick notice that she could not unilaterally return to work without doctor’s approval because her most recent medical update had said that she was unable to work. On October 27, 2001, Glaxo granted a third request for medical leave extending Grosenick’s leave until December 10, 2001. However, this last grant of medical leave listed the start date of her leave time as August 2, 2001 whereas the two previous letters had referred to the start date as August 20, 2001. On October 30, 2001, Grosenick was notified via voice-mail that her position with Glaxo had been filled. This did not mean that Grosenick’s employment with Glaxo was terminated. Rather, it confirmed Grosenick’s status as a “displaced employee.”

On October 31, 2001, Grosenick met with her doctor. After that meeting, the doctor gave approval for Grosenick to return to work under certain restrictions. This approval came after the twelve-week protected period expired if the FMLA leave time began on August 2, 2001.

Grosenick claims that, in November 2001, a representative of Glaxo told her that because of her “displaced employee” status, Glaxo attempted to secure for Gro-senick one of several open positions in the Twin Cities area. Grosenick applied to several of these positions through Glaxo’s intranet, but received no response. In late *835 January 2002, Glaxo terminated Grosen-ick’s employment.

Grosenick filed suit arguing that she did not receive adequate notice of the dates of her medical leave. She argued that had she known her job would not have been protected, she would have returned to work before her job protection period expired on October 24, 2001. Grosenick also argued that her twelve-week protection period should have been extended because she allegedly worked while on leave. The district court rejected this last argument because Grosenick’s work while on leave was not authorized. 4 Therefore, the district court granted summary judgment for Glaxo. Grosenick appeals.

II.

We review a grant of a motion for summary judgment de novo. Pope v. ESA Servs., Inc., 406 F.3d 1001, 1006 (8th Cir.2005). A motion for summary judgment is properly granted if the non-moving party is unable to show a “genuine issue of material fact” as to the underlying claim. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585-86, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In response to a properly filed and supported motion, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Id. at 586, 106 S.Ct. 1348. It is not enough for the non-moving party to raise doubts about facts that do not provide a material issue for trial. Id. at 587, 106 S.Ct. 1348.

Grosenick argues that the failure to properly notify her of the start and end dates of her FMLA leave time means that Glaxo improperly filled her position. We disagree.

The FMLA was designed to allow an employee twelve weeks of protected leave within a twelve-month period. See Slentz v. City of Republic, Mo., 448 F.3d 1008, 1010 (8th Cir.2006).

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454 F.3d 832, 11 Wage & Hour Cas.2d (BNA) 1098, 2006 U.S. App. LEXIS 18172, 153 Lab. Cas. (CCH) 35,165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-e-grosenick-v-smithkline-beecham-corporation-doing-business-as-ca8-2006.