Scamihorn v. General Truck Drivers

• Decision Date: 04 March 2002
• Docket Number: No. 00-55722.,00-55722.
• Citation: 282 F.3d 1078
• Parties: Joseph R. SCAMIHORN, Jr., Plaintiff-Appellant, v. GENERAL TRUCK DRIVERS, Office, Food and Warehouse Union, Local 952; Albertson's, Inc., Defendants-Appellees.
• Court: U.S. Court of Appeals — Ninth Circuit

282 F.3d 1078

Joseph R. SCAMIHORN, Jr., Plaintiff-Appellant, v. GENERAL TRUCK DRIVERS, Office, Food and Warehouse Union, Local 952; Albertson's, Inc., Defendants-Appellees.

No. 00-55722.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted October 18, 2001 — Pasadena, California.

Filed March 4, 2002.

COPYRIGHT MATERIAL OMITTED

Gregory M. Lee, Irvine, CA, for plaintiff-appellant Joseph R. Scamihorn, Jr.

Robert D. Vogel, David Maggiore-Anet, Littler Mendelson, Los Angeles, CA, for defendant-appellee Albertson's, Inc.

Appeal from the United States District Court Central District of California, Gary L. Taylor, District Judge, Presiding.

Before BROWNING, FERNANDEZ and FISHER, Circuit Judges.

OPINION

FISHER, Circuit Judge.

This case concerns the construction and application of the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq. Adopted by Congress in 1993 to address conflicts facing working men and women confronted with their or their family members' serious health problems, the FMLA under certain conditions guarantees employees an amount of unpaid leave each year to deal with such problems. It provides that employees returning from such leave must be returned to the same or an equivalent position. Joseph Scamihorn, Jr. ("Scamihorn") faced such a conflict after his sister was murdered by her ex-husband, causing Scamihorn's 73-year-old father, Joseph Sr., to fall into a deep depression. After discussions with his employer, Albertson's, Scamihorn left his job as a truck driver for several months to provide assistance and comfort to his ailing father. When he sought to return to work, Scamihorn found he had to start over as a probationary employee with no seniority. Scamihorn contends his circumstances fell under the protection of the FMLA, so Albertson's was required to treat his absence as an unpaid leave and to reinstate him in his previous job and seniority level based on his original start date.

The district court, although recognizing Scamihorn's altruistic motives and actions on behalf of his father, granted summary judgment for Albertson's, holding that Scamihorn did not qualify for FMLA protection because he had not "cared for" his father within the meaning of the Act. Albertson's also argued that Scamihorn failed to show that his father suffered from a "serious health condition," another FMLA requirement; but the district court did not reach that issue. Upon our review of the record and of the intent and the relevant criteria of the FMLA, we conclude that summary judgment was in error. The Scamihorn family's health problem is of the type the FMLA plainly was intended to address. Although it is a close call whether Scamihorn ultimately can prove he indeed fits within the requisite FMLA criteria, we believe at this stage of the proceedings — viewing the evidence most favorably to him as we must — he has provided sufficient evidence to create triable issues of fact warranting a trial on the merits.

I. History

Scamihorn began his employment with Albertson's, a retail food and drug operation, as a truck driver at the Brea, California distribution center in June 1990. In July 1994, Scamihorn's sister, Misty, was murdered by her ex-husband. Scamihorn's 73-year-old father, Joseph Scamihorn, Sr., who had undergone heart surgery the preceding year and also suffered from diverticulitis, a weakening of the colon, began suffering from depression following Misty's death. After visiting his father in Reno, Nevada almost every weekend after Misty's death, Scamihorn decided that he and his family would move temporarily to Reno to assist his father as he coped with the depression. There is some evidence to indicate that Joseph Sr.'s doctor suggested the move.

In early October 1994, Scamihorn met with Albertson's Human Resources Manager, David Moore, to request a one-month, unpaid leave of absence effective October 5, 1994 to November 5, 1994. Scamihorn completed and signed a formal "leave of absence request" form, on which he indicated the purpose of the leave was to deal with the illness of his father and to settle the estate of his deceased sister. Moore did not advise Scamihorn of the FMLA. Albertson's granted the leave of absence, but told Scamihorn that he could not work for another employer while on leave or he would be immediately terminated.

While residing in Reno, Scamihorn spent time with his father, drove him to psychological counseling sessions and performed household chores. In late October 1994, Scamihorn contacted Moore to tell him that he needed to stay in Reno beyond the initial 30 days to continue to assist his father and that he needed a means to support his family until he could return. Moore reiterated that if Scamihorn worked for another employer while on leave, he would be terminated. During the conversation, Moore and Scamihorn agreed Scamihorn would voluntarily resign from employment with Albertson's. Scamihorn claims Moore told him that he would be rehired if he returned to work within six months of his leave date in October 1994.

Scamihorn remained in Reno until approximately March 1995. By that time, Joseph Sr.'s condition had improved significantly and Scamihorn returned to California. He sought reinstatement, complete with seniority, to his former position with Albertson's. Moore informed Scamihorn that because of Albertson's collective bargaining agreement with Teamster Union Local 952 ("Union"), Albertson's could not rehire him at that time. Later, however, Albertson's rehired Scamihorn as a probationary truck driver in May 1995. According to the terms of the collective bargaining agreement, Albertson's could not restore Scamihorn's seniority without the Union's permission, which the Union refused to give.

Scamihorn filed suit against Albertson's and the Union in federal court alleging violation of the FMLA. Scamihorn claimed Albertson's and the Union failed to advise him of his rights under the FMLA. He argued that because his circumstances fell under FMLA protection, Albertson's should have granted him leave and he should have been reinstated in his former position and seniority level upon his return from Reno.¹

The district court dismissed all claims against the Union and some of the claims against Albertson's.² Albertson's then moved for summary judgment on the remaining claim, arguing Scamihorn's father did not have a "serious health condition" and Scamihorn did not "care for" his father within the meaning of the FMLA. The court found that Scamihorn did not "care for" his father under the terms of the FMLA and granted the motion. Scamihorn now appeals.

We review the district court's grant of summary judgment de novo. Weiner v San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). The court must determine, viewing the evidence in the light most favorable to the nonmoving party, whether any genuine issues of material fact exist and whether the district court applied the relevant substantive law. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc).

II. The FMLA

Congress enacted the FMLA to allow workers flexibility in scheduling time off to deal with family and medical problems and alleviate some of the tension created by the competing demands of work and family in modern society. The legislative history articulates the rationale for the FMLA:

Private sector practices and government policies have failed to adequately respond to recent economic and social changes that have intensified the tensions between work and family. This failure continues to impose a heavy burden on families, employees, employers and the broader society. [The FMLA] provides a sensible response to the growing conflict between work and family by establishing a right to unpaid family and medical leave for all workers covered under the act.

S.Rep. No. 103-3, at 4 (1993), reprinted in 1993 U.S.C.C.A.N. 3, 6.

The FMLA does not replace traditional employer-established sick and personal leave policies; rather it provides leave for uncommon and often stressful events such as caring for a family member with a serious health condition. See, e.g., Price v. City of Fort Wayne, 117 F.3d 1022, 1023(7th Cir.1997) (summarizing goals of the FMLA); cf. Caldwell v. Holland of Texas, Inc., 208 F.3d 671, 676 (8th Cir.2000) (FMLA prevents individuals "from having to choose between their livelihood and treatment for their own or their family members' serious health conditions"). The FMLA provides that "an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period... (c)[i]n order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition." 29 U.S.C. § 2612(a)(1). At the conclusion of the qualified leave period, the employee is entitled to reinstatement to the position the employee previously held or to an equivalent one with the same terms and benefits that existed prior to the exercise of leave. Id. § 2614(a). It is undisputed that Scamihorn was an "eligible employee." See id. § 2611(2). Therefore, for his leave to qualify under the terms of the FMLA, Scamihorn must demonstrate that his father had a "serious health condition" and that he needed to "care for" his father.

Although the language of the FMLA provides little guidance on the meaning of the phrases "care for" and "serious health condition," the Department of Labor has issued both interim and final regulations addressing the meaning of these phrases pursuant to an express delegation of authority to the Secretary of Labor to promulgate regulations "necessary to carry out" the FMLA. See id. § 2654. We are bound to follow the regulations. See Auer v. Robbins, 519 U.S. 452, 457, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997) (where Congress has not directly addressed an issue in drafting the statute, the Secretary's approach must be sustained as long as it is "based on a permissible construction of the...