Rentz v. Hospital

195 F. Supp. 3d 933, 2016 WL 3753554, 2016 U.S. Dist. LEXIS 91409
CourtDistrict Court, E.D. Michigan
DecidedJuly 14, 2016
DocketCase No. 15-11931
StatusPublished
Cited by2 cases

This text of 195 F. Supp. 3d 933 (Rentz v. Hospital) 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
Rentz v. Hospital, 195 F. Supp. 3d 933, 2016 WL 3753554, 2016 U.S. Dist. LEXIS 91409 (E.D. Mich. 2016).

Opinion

OPINION AND ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [15]

Nancy G. Edmunds, United States District Judge

This employment dispute comes before the Court on Defendant William Beaumont Hospital’s motion for summary judgment (dkt. 15). Plaintiff Tammy Rentes claims arise from her separation from William Beaumont Hospital on April 28, 2014. (Compl. ¶ 13.) Plaintiff brings claims pursuant to the Family and Medical Leave Act (FMLA) 29 U.S.C. § 2601, et seq. (Count I), the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. (Count II), and the State of Michigan’s Persons With Disabilities Civil Rights Act (PWDCRA), Mich. Comp. L. § 37.1101, et seq. (Count III). (Compl.) For the reasons stated below, Defendant s motion for summary judgment is denied.

I. Background and Facts

Plaintiff Tammy Rentz (“Plaintiff’) is a former employee of Defendant William Beaumont Hospital (“Defendant” or “Beaumont”), where she began working as a clinical clerk II in May 2008. (Rentz Dep. 32:23-25, Pl.’s Resp. Ex. 1, dkt. 18-2.) She worked for Beaumont until April 28, 2014. (Compl. ¶ 13.)

Plaintiff requested, was approved for, and took FMLA leave in January 2012 for a medical procedure. (Heard Dep. 35-37, Pl.’s Resp. Ex. 6, dkt. 18-7.) Plaintiff was cleared to return to work on February 27, 2012. (Return to Work Clearance, Def.’s Mot. Summ. J. Ex. 2, dkt. 15-3.)

The parties agree that Plaintiff took FMLA leave starting February 28, 2013, following a diagnosis of breast cancer; Plaintiff alleges the leave was through March 5, 2013, and Defendant relies on a Return To Work Clearance indicating that Plaintiff was cleared to return to work on May 6, 2013. (FMLA Med. Request and Cert. Form, PL’s Resp. Ex. 10, dkt. 18-11; Def-’s Mot. Summ. J. Ex. 10, dkt. 18-11.) Following this leave, Plaintiff returned to work full-time with a modified work schedule consistent with her doctor’s orders. (Return to Work Clearance, Id.)

Following the February 2013 FMLA leave, in June 2013, Keisha Heard, Plaintiffs supervisor, inquired with Human Resources/Benefits as to whether Plaintiff had exceeded her FMLA 'time. Ebbonye Graham, senior human resources representative in corporate human services, informed Heard via email that, “According to Benefit records, Tammy has adequate FMLA to cover her leave. Please confirm you records in e-time and ensure that FMLA days are designated appropriate[937]*937ly.” (Graham Email, June 11, 2013, Pl.’s Resp. Ex. 11, dkt. 18-12.)

Heard responded with the following:

Ms. Rentz went on a FMLA on 2/28-3/5/13, and her return date was 3/6/13. Upon Ms. Rentz’s return, she has also been taking intermittence (sic) time off every Thursday and Friday. Those dates are: 5/9-5/10, 5/15-5/17, 5/23-5/24, 5/30-5/31 and 6/6-6/7/13. Also she left ill 2 hours early on 6/10/13 and called in ill today and will not be taking. I think Ms. Rentz is almost out of FMLA, unless I have it wrong please advise.

(Heard Email, June 11, 2013, Pl.’s Resp. Ex. 11, dkt. 18-12.)1 Heard testified that the trigger for this conversation with Graham regarding Plaintiffs FMLA time was that “Ms. Rentz had—came in and said she needed to go out for surgery, I think.” (Heard Dep. 74:24-75:2, dkt. 18-7.) By June 12, 2013, Heard was informed that Plaintiff had 104 FMLA hours remaining. (Heard Dep. 80:17-19, 89:1-4, dkt. 18-7; Marion Email, June 12, 2013, Pl.’s Resp. Ex. 12, dkt. 18-13.) .

Plaintiff went on FMLA leave on September 20, 2013, for a surgical procedure and post-operative healing related to the breast cancer, with an expected return to work date of October 3, 2013, and a heavy lifting restriction on return. (FMLA Med. Request and Cert. Form, PL’s Resp. Ex. 13, dkt. 18-14; Return to Work Clearance, Def.’s Mot. Summ. J. Ex. 4, dkt. 15-5.) On September 24, 2013, Heard send an email to Graham as follows:

If you would be so kind as to give me a call regarding Tammy Rentz I would .appreciate it. Ms. Rentz is on a FMLA again this year, I spoke with Katherine Lewis from Benefits who states that Ms. Rentz is over her 480 hours. I do not wish to hold her position from this pointe (sic) on. Please advise.

(Heard Email Sept. 24, 2013, PL’s Resp. Ex. 14, dkt. 18-15.)

Heard testified that she had signed a formal letter that she sent to Plaintiff, dated September 25, that indicated that Plaintiff had exhausted her leave under the FMLA and that her job protection for the position, of Clinical Services Clerk I was no longer available. (Heard Dep. 106:18-107:11, dkt. 18-7.) Heard further testified that Plaintiff told her that Plaintiff had spoken with Mike Woolsey in HR, and that Plaintiff was able to return to work. (Heard Dep. 110:8-18, dkt. 18-7.)

In December 2013, Plaintiff requested time off from January 9-10, 2014. (Time Off Request, PL’s Resp. Ex. 16, dkt. 18-17.) The request was granted, noting “[ojnly if you have CTO [combined time off] time available KH [K. Heard].”2 Plaintiff believed she had enough time to cover that time off. (Rentz Dep. 141-43, dkt. 18-2.) Plaintiff alleges that she became ill on January 8, 2014, as a result of her chemotherapy, and remained ill through January 10. (Rentz Dep. 80-81,141-42.)

Email correspondence from Heard to Graham and Woolsey on January 15, 2014, states that “[o]n Monday, January 13, 2014 [938]*938my employee Ms. Tammy Rentz came to me and asked if she could speak with me regarding her upcoming surgery. Ms. Rentz stated that she had contacted Benefits and was told that she was eligible for her FMLA benefit and. that her rolling calendar year was over, so that she could have surgery in February. Ms. Rentz then stated that she wouldn’t have job protection until October 2014, per Benefits.” (Heard Email, Jan. 15, 2014, Pi’s Resp. Ex. 21, dkt. 18-22.)

Plaintiff was issued a Performance Improvement Plan (PIP), prepared January 20, 2014, which stated that

Ms. Tammy Rentz put in a request to have 1/09/2014 and 1/10/2014 off on CTO time. The request was approved and marked “only if you have CTO time available” Ms. Rentz called in on 1/8/2014, which was an unexcused absence and this did not leave her enough time to take the requested days off. Seeing that Ms. Rentz only had 17 hours of CTO time available, Ms. Rentz did not have enough CTO time to cover her request of time off on 1/10/2014.

(PIP 1/20/2014, PL’s Resp. Ex. 22, dkt. 18-23.) Heard testified that this was the first time Plaintiff exceeded her CTO. (Heard Dep. 154:10-14, dkt. 18-7.)

On January 14, 2014, Plaintiff was working at the check-out window of the medical facility when she and a patient, identified as Ms. K, had a conflict. (Rentz Dep. 88, dkt. 18-2.) Plaintiff admits that the same patient had filed a complaint against her in March of the prior year, for which Plaintiff was not written up. (Rentz Dep. 90, dkt. 18-2.) As a result of the conflict, a PIP was prepared on January 20, 2014. (PIP Prepared 1/20/2014, Def.’s Mot. Ex. 10, dkt. 15-11.) The PIP indicated that Plaintiff had been “counseled in regard to patient interaction in March 2013.” (Id.) The previous interaction had involved the same patient. (See id.)

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Bluebook (online)
195 F. Supp. 3d 933, 2016 WL 3753554, 2016 U.S. Dist. LEXIS 91409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rentz-v-hospital-mied-2016.