Brumbalough v. Camelot Care Centers, Inc.

• Decision Date: 02 November 2005
• Docket Number: No. 04-5543.,04-5543.
• Parties: Linda K. BRUMBALOUGH, Plaintiff-Appellant, v. CAMELOT CARE CENTERS, INC., Defendant-Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 996

427 F.3d 996

Linda K. BRUMBALOUGH, Plaintiff-Appellant, v. CAMELOT CARE CENTERS, INC., Defendant-Appellee.

No. 04-5543.

United States Court of Appeals, Sixth Circuit.

Argued: July 29, 2005.

Decided and Filed: November 2, 2005.

ARGUED: Carol S. Nickle, Nickle & LaFevor, Knoxville, Tennessee, for Appellant. Robert L. Bowman, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, Tennessee, for Appellee. ON BRIEF: Carol S. Nickle, James R. LaFevor, Nickle & LaFevor, Knoxville, Tennessee, William O. Bush, Law Offices of William Bush, Cookeville, Tennessee, for Appellant. Robert L. Bowman, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, Tennessee, for Appellee.

Before: MOORE and COLE, Circuit Judges; WISEMAN, District Judge.^*

OPINION

WISEMAN, District Judge.

Linda K. Brumbalough ("Brumbalough"), Plaintiff-Appellant, was employed as the State Clinical Director by Camelot Care Centers, Inc. ("Camelot"). When she was terminated from her employment after taking a leave under the Family and Medical Leave Act ("FMLA"), Brumbalough filed this action against Camelot claiming that her termination was in violation of the FMLA.

On the parties' cross-motions for summary judgment, the district court granted summary judgment to Camelot, finding that Brumbalough was not on FMLA leave at the time she was terminated and that Brumbalough had failed to submit a proper "fitness-for-duty" certification, which was needed before she could return to work. The district court alternatively concluded that even if Brumbalough had submitted a proper certification, Camelot had no obligation under the FMLA to reinstate her because she was unable to perform the essential functions of the State Clinical Director position. Later, Brumbalough also attempted to amend her complaint to add emotional distress damages. The district court denied Brumbalough's motion to amend.

For the reasons set forth below, we AFFIRM the district court's denial of Brumbalough's motion for partial summary judgment and REVERSE grant of summary judgment to Camelot. We AFFIRM the district court's denial of Brumbalough's motion to amend and REMAND the case for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

Camelot provides treatment, care, and placement for abused and neglected children in the custody of state Department of Children Services. It also provides counseling to non-custodial children and to troubled families. Camelot has five local offices in Tennessee and also operated one residential treatment center during Brumbalough's employment. Each local office has a Clinical Director, who is responsible for the treatment needs of the children assigned to the office.

Brumbalough was hired as a Clinical Director in October 1997 and was assigned to the local office in Oak Ridge, Tennessee. Her responsibilities included admission of children into the program, treatment evaluations, recruiting and training of foster parents, monitoring the movement of children in the program, supervision of staff and the clinical program, chart auditing, and event planning.

In July 2000, Brumbalough was promoted to the position of State Clinical Director. As the State Clinical Director, Brumbalough supervised Clinical Directors of the five Tennessee offices and the residential treatment center. This entailed answering questions from the local Clinical Directors regarding admissions, evaluations, and placement of children. Brumbalough also filled in as the Clinical Director for the local offices during temporary vacancies. In 2001, Brumbalough was traveling almost every day and worked on paperwork on the weekends. Consequently, Brumbalough worked over sixty hours a week. As the State Clinical Director, Brumbalough was responsible for training new employees and was also responsible for handling emergencies involving children under Camelot's care. Because of such responsibilities, Brumbalough was required to be on call twenty-four hours a day, seven days a week.

On June 11, 2001, Brumbalough sent an email to Julie Tesore, the Program Director of the Brentwood Office, informing her that she was having some health problems and she needed to cut back on her hours down to 40-45 hours per week. Following her appointment with her doctor, Ted Stallings, Brumbalough told Camelot that she was recommended to take the rest of the week off. On June 17, 2001, Brumbalough informed Camelot of her intent to have her doctor sign the FMLA certification forms, since she was having more health problems and would need to take more time off. Gretchen Jolly, Director of Human Resources, sent an FMLA Certification form to Brumbalough. The Certification from Dr. Stallings provided that Brumbalough was presently incapacitated and that she would need about two to three months to recover. Brumbalough's FMLA leave was approved as of June 11, 2001. The twelve-week period of FMLA leave, if taken in full, was to expire on September 11, 2001.

Camelot sent Brumbalough an "Employer Response Form for FMLA leave" after her leave request, which stated that Brumbalough was to inform Camelot of her status every thirty days, that Brumbalough was required to present a fitness-for duty certification prior to being restored to employment and that she would need recertification from her physician after two months in order to get approval for further FMLA leave because her doctor was vague on her return to work date.

On July 27, 2001, Brumbalough sent an email to Michele DiSorbo, Camelot's National Clinical Director, informing her that she felt ready to come back to work in "the next week or so." Ms. Jolly sent Brumbalough a letter on July 31, 2001, acknowledging Brumbalough's request to return to work and requesting that she provide a fitness-for-duty certification no later than August 7, 2001. The letter said, "we required that you provide us with a date certain for your return. We also require a certification letter from your physician that you are indeed fit for duty to return to your old job. I have enclosed a letter for your doctor to review and sign so that we can adequately assess your planned return to full-time employment." (J.A. at 102.) The letter also included a copy of Brumbalough's job description and procedures. Dr. Stallings was asked to read the statement contained in the letter, put a date that Brumbalough could return to work, sign it and send it back to Camelot. Brumbalough received the letter on August 4, 2001.

On August 3, 2001, Brumbalough had an appointment with Dr. Stallings and he provided her with a handwritten note on a prescription pad stating, "She may return to work on 8/13/01. She should only work a 40-45 hour week and limit her out-of-town travel to 1 day per week." (J.A. at 109.) Brumbalough claims that she faxed this note to Camelot; Camelot denies receiving it.

On August 8, 2001, Ms. Jolly mailed another letter stating that Camelot had not received a response to its request for a fitness-for-duty. The letter set a new deadline of August 10, 2001, and stated that if Camelot did not get the certification by August 10, 2001, it would consider Brumbalough's employment with Camelot terminated and would proceed to fill her position. This letter was delivered on August 9, 2001.

Brumbalough sought the assistance of attorney Kevin Shepherd in an attempt to get an extension of time for submitting the paperwork from Dr. Stallings. Upon Mr. Shepherd's request, Ms. Jolly extended the deadline for Brumbalough to August 15, 2001. On August 10, 2001, Brumbalough received another overnight letter from Ms. Jolly, which confirmed the extended deadline of August 15, 2001 and stated if Brumbalough was unable to report for duty on or before Wednesday, August 15, 2001 with the fitness-for-duty certification, Camelot would consider her employment terminated. Brumbalough failed to submit the certification by this new deadline and was informed of her termination by a letter dated August 17, 2001.

On August 18, 2001, Dr. Stallings prepared a letter which stated that Brumbalough may now return to work with certain modifications such as limiting her out-of-town travel to once a week and not working more than 45 hours a week. The letter indicated that the restrictions were expected to last for the next two months, at which time she would be reevaluated. Brumbalough was provided with this letter on August 22, 2001. Ms. Jolly testified that Camelot never received it and Brumbalough testified that she could not say for sure if anyone sent the letter to Camelot.

On June 29, 2001, which was during Brumbalough's absence, Camelot placed an ad for the Clinical Director position for the Brentwood office in the Tennessean, a local newspaper. Kristi Buckley, the Tennessee State Director of Programs, testified that the advertisement in the paper was for a local Clinical Director position but Camelot kept in mind the prospect that Brumbalough might not be able to return as State Clinical Director as applicants were interviewed. Donna Fisher was interviewed for the local Clinical Director position and was ultimately offered the dual position of Clinical Director for the Brentwood office and State Clinical Director on August 16, 2001. Ms. Buckley testified that due to an upcoming corporate merger, Ms. Fisher was hired to fill both positions until Camelot's new corporate structure was settled. Ms. Fisher started at Camelot on September 10, 2001.

Ms. Buckley testified that Camelot classified the State Clinical Director as "salaried exempt" because that person must be on call 24/7 and usually the position required a workweek of 50-60 hours. Ms. Buckley also confirmed that the same is true for the Clinical Director's position because they are also on call 24/7, subject to call out and are expected to be in the office during the day to handle the nine-to-five functions. Ms. Jolly did state, however, that the State Clinical Director would not need to work sixty plus hour workweeks on a regular basis if...