Righi v. Smc Corp.. of Am.
| Citation | 632 F.3d 404 |
| Decision Date | 14 February 2011 |
| Docket Number | No. 09–1775.,09–1775. |
| Parties | Robert RIGHI, Plaintiff–Appellant,v.SMC CORPORATION of America, a corporation, and Louis King, Defendants–Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
OPINION TEXT STARTS HERE
John A. Slevin (argued), Attorney, Vonachen, Lawless, Trager & Slevin, Peoria, IL, for Plaintiff–Appellant.David L. Swider (argued), Attorney, Bose McKinney & Evans, LLP, Indianapolis, IN, for Defendants–Appellees.Before FLAUM, WOOD, and SYKES, Circuit Judges.SYKES, Circuit Judge.
Robert Righi was employed as a sales representative for SMC Corporation in the company's Aurora, Illinois office. While at a mandatory training seminar in Indianapolis, he learned that his elderly mother was experiencing a medical emergency. He left the seminar and returned to Illinois to assess his mother's situation. The next day, he e-mailed his supervisor to explain that he needed “the next couple days off” to make arrangements for his mother's care; he said in his e-mail that he had vacation time available or “could apply for the family care act, which I do not want to do at this time.” Righi's supervisor then tried for more than a week to reach him by telephone to clarify his request for leave. Righi did not return these calls or otherwise contact his employer. When he finally returned to work nine days after leaving the training session, he was fired for violating SMC's leave policy.
Righi sued SMC and his supervisor alleging violations of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq. The district court entered summary judgment for the defendants on two separate grounds: (1) Righi was not entitled to FMLA protection because his e-mail specifically disavowed any intent to use FMLA leave; and (2) even assuming Righi's e-mail invoked the FMLA, he failed to notify SMC of his anticipated return-to-work date—as required by company policy and applicable FMLA regulations—and he ignored his supervisor's repeated phone calls seeking more information about his leave request.
We affirm, though on the latter ground only. Righi's e-mail, read in his favor, allows an inference that he was leaving at least some room to change his mind and use FMLA leave rather than vacation time to cover his absence. But the FMLA's regulations place the burden on the employee to notify his employer of the anticipated duration of unforeseeable leave “as soon as practicable,” which under the regulations then in effect meant “no more than one or two working days of learning of the need for leave.” 29 C.F.R. §§ 825.302(b) and (c), 825.303(a) (2007). Moreover, an employer is entitled to enforce compliance with its “usual and customary notice and procedural requirements” regarding FMLA leave. Id. § 825.302(d) (2007). Because Righi failed to comply with the applicable regulatory and workplace requirements for family leave, his termination did not violate the FMLA.
Robert Righi was employed as a sales representative for SMC from 2004 until July 20, 2006, when he was fired for violating the company's leave policy. 1 Throughout his employment, Righi was assigned to SMC's Aurora office but was permitted to work primarily out of his home in Henry, Illinois, where he lived with his elderly mother, Ann Righi, and his roommate Chuck Purtscher. Ann Righi was an insulin-dependent diabetic suffering from a heart condition and was often in need of medical attention.
Although Righi usually worked from home, he was expected to work 40 to 50 hours per week and to check in with his sales manager Louis King on a daily basis.2 Righi and King typically communicated via Righi's company-issued cell phone or by e-mail. Occasionally, when King could not reach Righi on his cell phone, King would contact Righi on his home telephone or on the cell phone belonging to Purtscher.
On several prior occasions, Righi needed vacation time in order to care for his mother. He often e-mailed King to request this leave. SMC policy required employees to obtain prior approval from a supervisor before taking leave. SMC's attendance policy also stated that a “[f]ailure to report for work for two (2) consecutive days without notifying your supervisor” is grounds for termination.3 On these prior occasions, Righi complied with company policy whenever he needed leave.
From July 9, 2006, to July 21, 2006, Righi was scheduled to attend a mandatory two-week training session in Indianapolis. On Tuesday morning, July 11, while at the seminar, Righi received an urgent phone call from his sister, who informed him that their mother had gone into a diabetic coma. Righi decided to return home. He told a co-worker he was leaving to attend to a family emergency and asked the co-worker to pass this information to others at the training session. He then embarked on the four-hour drive to his home in Illinois. By the time Righi arrived, his mother's condition had stabilized.
Righi did not contact King, his supervisor, at any time on July 11 to inform him about the situation. Meanwhile, King—apparently unaware that Righi had left the training session—called Righi's company-issued cell phone three times on July 11, 2006, to discuss business matters. But Righi had turned his phone off and therefore did not answer these calls. King called again the next morning, July 12, at 6:45 a.m. and once again received no response.
At approximately 9 a.m. on July 12, Righi sent an e-mail to King. He apologized for not contacting King earlier and explained that he left the training session to attend to his mother, who took an incorrect dosage of insulin and slipped into a coma. Righi then stated:
I need the next couple days off to make arrangements in an intermediate care facility for my Mother.... I do have the vacation time, or I could apply for the family care act, which I do not want to do at this time.
I hope you can understand my situation and approve this emergency time off. I will be very busy the next couple of days ... so I might be slow getting back to you.4
(Emphasis added.) Righi did not return to work until July 20, 2006, nine days after leaving the training session. This e-mail was Righi's only contact with King until July 19, 2006.
Righi also sent an e-mail to Kenta Joki, a co-worker, on the morning of July 12. Joki was in charge of scheduling the training classes in Indianapolis. Righi told Joki that his mom was in poor health and that he would have to reschedule the class. This e-mail was Righi's last communication with anyone at SMC until July 19, 2006.
When King received Righi's July 12 e-mail, he repeatedly attempted to contact Righi by phone to inquire further about his leave. King called Righi's company cell phone four times on Wednesday, July 12; twice on Thursday, July 13; four times on Friday, July 14; twice on Monday, July 17; and once on Tuesday, July 18. Righi apparently kept his cell phone turned off during this period, and he did not answer or return any of King's phone calls or messages. King also attempted to reach Righi on his home phone. On the evening of July 17, King called Righi's home phone and spoke to Purtscher, telling him that Righi needed to “wrap this up.” 5 Purtscher promptly relayed this message to Righi, but still Righi did not call King back. Two days later, on July 19, King called Righi's cell phone again and Purtscher answered. King asked Purtscher to tell Righi that he needed to contact King as soon as possible. Later that day, after nine days of silence, Righi finally called King. King told Righi to come to the office for a meeting the next day. At that meeting Righi was fired for violating SMC's leave policy.
Righi sued SMC and King alleging FMLA violations. Righi brought two claims—one for interference with his right to FMLA leave and the other for discrimination or retaliation for attempting to exercise FMLA rights. The district court granted the defendants' motion for summary judgment and dismissed both of Righi's claims. On appeal Righi challenges only the dismissal of his FMLA interference claim.
We review a district court's grant of summary judgment de novo, construing all facts and drawing reasonable inferences in the light most favorable to the nonmoving party. Ridings v. Riverside Med. Ctr., 537 F.3d 755, 760 (7th Cir.2008). Summary judgment is appropriate when there is no material dispute of fact and the moving party is entitled to judgment as a matter of law. Id. Here, the question is whether Righi could prevail on a claim for FMLA interference based on the facts we have recounted.
The FMLA permits an eligible employee to take up to 12 weeks of leave per year in order to “care for ... [a] parent [with] a serious health condition.” 29 U.S.C. § 2612(a)(1)(C). The Act further provides that employers may not “interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under [the Act].” Id. § 2615(a)(1). To prevail on a claim for FMLA interference, the employee must prove that: (1) he was eligible for FMLA protections; (2) his employer was covered by the FMLA; (3) he was entitled to leave under the FMLA; (4) he provided sufficient notice of his intent to take FMLA leave; and (5) his employer denied him FMLA benefits to which he was entitled. Brown v. Auto. Components Holdings, LLC, 622 F.3d 685, 689 (7th Cir.2010); Ridings, 537 F.3d at 761.
The first three elements of the claim are not seriously in dispute; this appeal turns on whether Righi provided SMC with sufficient notice under the FMLA and its regulations.6 When the employee fails to give his employer proper notice, the employer is under no duty to provide FMLA leave. See Stevenson v. Hyre Elec. Co., 505 F.3d 720, 724 (7th Cir.2007); Aubuchon v. Knauf Fiberglass, GmbH, 359 F.3d 950, 951 (7th Cir.2004). Stated differently, an employee's failure to comply with the notice requirements of the FMLA and...
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