Employer Is Entitled To Deny FMLA Leave To An Employee Who Alters Certification Form To Add A Diagnosis Without The Physician's Knowledge
SMITH v. THE HOPE SCHOOL (March 30, 2009)
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Tanum Smith was an aide at the Hope School, a residential facility for developmentally disabled children. On two different occasions in 2006, Smith was injured by students. After the second incident, Smith took some time off and received medical attention. Although an independent medical examination approved her return to work without restrictions, her primary care physician restricted her to light-duty and to assignments that did not require her to interact with the school's residents. The school assigned Smith to its dietary department so that she would not interact with residents. Later, she complained that a student approached her in the kitchen. She informed the school that she was leaving and would not return until the school provided her with a safe work environment. There is significant disagreement in the record over what happened next. What is not disputed is that Smith was absent from work many days and, when she submitted her FMLA paperwork, she had altered the physician’s certification form to add a diagnosis for "previous depression." The school found out about the alteration, denied her request for FMLA leave, and began disciplinary proceedings because of her absences. Ultimately, Hope School terminated Smith's employment because of the absences. Smith brought this action alleging that the school interfered with her FMLA rights and that they terminated her employment in retaliation for requesting FMLA leave. The district court granted summary judgment to Hope School. Smith appeals.
In their opinion, Judges Flaum, Williams and Kapala affirmed. The Court first addressed her interference claim. In order to prevail, the Court indicated that she must demonstrate that she was eligible for FMLA protection, that she was covered, that she was entitled to leave, that she provided notice, and that her employer denied her benefits. Here, the only issue is whether an employer can deny FMLA leave because an employee submits false paperwork. The Court agreed with the district court that an employer can deny a request for FMLA leave when an employee adds a diagnosis to the physician’s certification form without the physician's knowledge. The Court concluded that her retaliation claim was closely linked to the interference claim. Because Hope School was entitled to deny her request for leave, they were entitled to terminate her employment on account of her unexcused absences.
