ADA & FMLA Violations

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Officials: FLAUM, RIPPLE, and WILLIAMS, Circuit Judges

ADA & FMLA Violations –

No.14-3125 Terrence Preddie v. Bartholomew Consolidated School Corporation

Circumstances surrounding appellant’s non-renewal of employment contract raises FMLA concerns.

“Given this guidance, we must conclude that the evidence shows that, no later than November 2010, Mr. Preddie had placed the BCSC on notice of his need for leave for his son’s sickle cell anemia. On October 31, 2010, Mr. Preddie notified Dr. Clancy, via email, that he was taking leave to care for his son who had just been hospitalized. During the conversation, which occurred on the day of Mr. Preddie’s return, “the subject of [his] son’s sickle cell anemia came up and was discussed.” According to Mr. Preddie, Dr. Clancy told him that he could not “‘keep taking off time for [his] son’” and that he needed to find “‘someone else [to] go pick him up’” when he gets sick. Mr. Preddie followed up on this conversation with an email that informed Dr. Clancy of both the seriousness of his son’s condition and the treatment it required. The same is true for Mr. Preddie’s absences related to his diabetes. In November 2010, Mr. Preddie’s wife emailed Dr. Clancy to inform her that Mr. Preddie had been hospitalized for an illness that was “affecting his diabetes in a bad way.” Dr. Clancy thanked Mr. Preddie’s wife for keeping her informed and wished Mr. Preddie “a speedy recovery.” The record, therefore, shows that Dr. Clancy was on notice of the FMLA-qualifying reasons for Mr. Preddie’s absences.”

Affirmed in part. Reversed and Remanded in part. Per Curiam.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.