Wilkerson v. Great Prairie Area Education Agency

135 F. Supp. 3d 925, 2015 U.S. Dist. LEXIS 135306, 2015 WL 5785570
CourtDistrict Court, S.D. Iowa
DecidedAugust 28, 2015
DocketNo. 3:14-cv-00080-JEG
StatusPublished

This text of 135 F. Supp. 3d 925 (Wilkerson v. Great Prairie Area Education Agency) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilkerson v. Great Prairie Area Education Agency, 135 F. Supp. 3d 925, 2015 U.S. Dist. LEXIS 135306, 2015 WL 5785570 (S.D. Iowa 2015).

Opinion

ORDER

JAMES E. GRITZNER, Senior Judge

Before the Court is a Motion for Summary Judgment filed by Defendant Great Prairie Area Education Agency (GPAEA), which Plaintiff Briamia M. Wilkerson (Wilkerson) resists. The Court conducted a hearing on the motion on June 4, 2015. Attorney Wesley Graham represented Wilkerson, and attorney Matthew Novak represented GPAEA. The matter is fully submitted and ready for disposition.

I. JURISDICTION

Wilkerson filed this action asserting a single claim against GPAEA for violation of the Family and Medical Leave Act of 1993 (FMLA), '29 U.S.C. §§ 2601-2654. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or -treaties of the United States.”).

II. FACTUAL AND PROCEDURAL BACKGROUND

The following facts are either not in dispute or viewed in the light most favorable to Wilkerson, See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (“At the summary judgment stage, facts must be viewed in the light most favorable to the nonmoving party only if there is a ‘genuine’ dispute as to those facts.” (quoting Fed.R.Civ.P. 56(c)); Keefe v. City of Minneapolis, 785 F.3d 1216, 1222 (8th Cir.2015) (same);

Wilkerson began working as a full-time computer programmer for GPAEA on March 31, 2008. Wilkerson’s position was a ■ non-union, administrative support position governed by annual employment contracts that ran from July to June, which coincided with GPAEA’s fiscal'year. Wilkerson’s annual contracts set forth Wilkerson’s job title, salary, benefits, and paid leave time; the contracts also detailed that if “absence with pay is not authorized by the Administration or leave policies in effect, an amount equal to the hourly salary times the'hours absent shall be deducted from the next salary payment.” Wilkerson 2007-2008 Emp. Contract, Pl.’s App. 121-26, ECF No. 28-4. GPAEA Human Resources Director Greg Manske (Manske) testified that GPAEA did not have a policy for annual renewals of administrative support staff contracts and that renewal of those contracts was quite nearly automatic.

While employed at GPAEA, Wilkerson’s immediate supervisor was Dr. Sally Lind-gren (Dr. Lindgren). During Wilkerson’s first few years of employment with GPAEA, Dr. Lindgren was satisfied with Wilkerson’s work performance. Wilker[928]*928son, similarly, spoke highly of Dr. Lind-gren and stated at her deposition that Dr. Lindgren was “[t]he best boss [she has] ever had” and that Dr. Lindgren and Jane Broeg, Dr. Lindgren’s secretary, were motherly-type figures to Wilkerson. Wilkerson Dep. 54:6-54:7, Def.’s App. 29, ECF No. 27-3.

On December 29, 2011, Wilkerson’s car was rear ended as she pulled away from a stop sign, and she sustained a whiplash injury.1 Wilkerson took paid sick leave from January 3, 2012, through January 13, 2012. On January 16, 2012, Dr. Lindgren and Manske met with Wilkerson to discuss Wilkerson’s absences, her remaining leave time, and the likelihood Wilkerson would have insufficient leave time to cover future absences. At the January 16 meeting, Dr. Lindgren and Manske made sure Wilkerson understood that she had very little leave time remaining, expressed concern for Wilkerson’s well being, and requested a medical release for her to return to work.2 On January 20, Wilkerson obtained a return to work authorization from her chiropractor, Cynthia Grothe (Grothe), which released Wilkerson to return to work with no restrictions on January 23. Wilkerson missed work again during the week beginning Monday, January 23, and obtained another return to work authorization from Grothe on January 26, which similarly indicated Wilkerson was released to return to work without restrictions on January 26. Referring only to her own affidavit, Wilkerson asserts that after the January 16 meeting with Dr. Lindgren and Manske, undiagnosed pain in her hip, lower abdomen, and back made it difficult on good days, and impossible on bad days, to sit for long periods of time and that sitting is required to perform her duties as a computer programmer.3 By the end of [929]*929January 2012, Wilkerson had used all paid leave time allowed under her contract (144 hours sick leave, 16 hours personal leave, 80 hours of vacation leave), excluding family illness leave time (64 hours).

In February 2012, Wilkerson was absent for all or part of six workdays, totaling 29.5 hours, all of which were unpaid leave. Dr. Lindgren met with Wilkerson on February 24, 2012, to discuss Wilkerson’s absences and intermittent attendance, and asked Wilkerson to begin documenting her actual time worked. Wilkerson filled' out handwriting attendance reports, ‘which showed that between February 24, 2012, and April 23, 2012, Wilkerson was absent for all or part of nine workdays in March 2012, totaling 35 hours absent, and thirteen workdays in April 2012, totaling 95 hours of unpaid leave absences. Wilkerson asserts that from January 2012 through the end of April 2012, she notified GPAEA on days she was in pain and was going to be absent.4

On April 23 or April 24, 2012, Wilkerson spoke by telephone with Dr. Lindgren and/ or Manske, who expressed concern for Wilkerson’s health, asked that Wilkerson keep GPAEA informed of her progress, and informed Wilkerson that she needed to obtain medical documentation to justify her absences and that she needed another medical release to return to work.5 Wilkerson received a note from her treating physician, Dr. Alfred Savage (Dr. Savage), on April 27, 2012, indicating that Wilkerson “has episodes of ovarian cyst inflammation- — seeing a specialist at Iowa City”; the note indicated' “episodes of missing work medically necessary.” Dr. Savage’s April 27 note, Def.’s App.' 51, EOF No. 27-3. Dr. Savage’s April 27 note, however, did not specify any particular days Wilkerson was or would be absent nor did the note indicate Wilkerson was unable to perform the functions of her job. At her deposition, Wilkerson conceded that other than Dr. Savage’s April 27 note regarding Wilkerson’s ovarian cyst inflámmation, Wilkerson was not aware of any doctor who said she was unable to work because of any medical condition.

• Wilkerson was absent from GPAEA for the entire month of May 2012.6 Wilkerson kept GPAEA informed regarding her attempts to get a proper diagnosis so she could get treated and return to work.

On May 21, 2012, GPAEA renewed Wilkerson’s contract, which provides, inter [930]*930alia, “[t]hat the Board reserves all -legal rights to terminate this contract.” Wilkerson, 2012-2013 Emp.- Contract, Pl.’,s App. 126, ECF No. 28-4. On May 24, 2012, Manske met with Wilkerson and provided Wilkerson with an FMLA . application form. Wilkerson’s meeting with Manske on May 24, 2014, was the first time Wilkerson, had discussed or mentioned FMLA leave with GPAEA.

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Bluebook (online)
135 F. Supp. 3d 925, 2015 U.S. Dist. LEXIS 135306, 2015 WL 5785570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkerson-v-great-prairie-area-education-agency-iasd-2015.