The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision of the United States District Court for the Central District of Illinois granting Hope School summary judgment in a lawsuit brought under the Family and Medical Leave Act (FMLA). Hope School was represented at trial and on appeal by Hinshaw attorneys, Charles R. (Chip) Schmadeke and William P. Hardy.
In purporting to request leave under the FMLA, plaintiff, an employee of Hope School, submitted a health care provider certification form. On that form, the employee added a diagnosis that the physician who completed the form had not made. Hope School found the request for leave both invalid due to the alteration and untimely and terminated the employee. The employee sued, claiming that Hope School had denied her rights under the FMLA by denying the leave request and terminating her in retaliation for requesting leave. The district court found that the alteration of the certification form invalidated the request for FMLA leave and that Hope School therefore did not interfere with the employee’s rights under the act or retaliate against her for asserting them by terminating her. It consequently granted Hope School summary judgment.
On appeal, the Seventh Circuit found the question to be whether the employee provided an adequate certification of her condition such that her request for FMLA leave had to be granted. The appellate court concluded, “where an employee adds to a medical care provider’s certification form a condition that she has not been diagnosed with, without the knowledge or approval of her physician, an employer can deny her request for FMLA leave.”
While lower courts have ruled on issues relating to the alteration of an FMLA medical certificate, the Seventh Circuit appears to be the highest court to address the issue. As a result, the appellate court’s holding is likely to have national significance.
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