'Simple statement' of fitness for work is sufficient under FMLA.A handwritten hand·write tr.v. hand·wrote , hand·writ·ten , hand·writ·ing, hand·writes To write by hand. [Back-formation from handwritten.] Adj. 1. note from a doctor was sufficient notice to an employer to allow an employee to return to work after taking leave under the Family and Medical Leave Act (FMLA FMLA Family and Medical Leave Act of 1993 FMLA Feminist Majority Leadership Alliance ). (Brumbalough v. Camelot Care Centers, Inc., 427 F.3d 996 (6th Cir. 2005).) Linda Brumbalough, a director at Camelot Care Centers, which serves neglected and abused children, began her leave for health problems on June 11, 2001; that leave was to expire on September 11, 2001. Following an FMLA provision, Camelot required that Brumbalough present a fitness-for-duty certification from her doctor before she could return to work. It also asked her to provide recertification recertification Recredentialing Graduate education A process in which a professional is periodically re-evaluated–eg, every 10 yrs by an accrediting body to assure continued provision of safe, high-quality health care from her doctor if she needed to continue her leave past August 11. On July 27, Brumbalough told Camelot that she would return before her leave had expired. Camelot asked her to get her doctor to sign a fitness-for-duty certification letter that it sent to Brumbalough on July 31. Before she received Camelot's letter, she met on August 3 with her doctor, who gave her a handwritten note stating that she "may return to work on 8/13/01. She should only work a 40-45 hour work week and limit her out-of-town travel to 1 day per week." Brumbalough said that she faxed the note to Camelot. Camelot, which claims it never received the fax, informed Brumbalough that if it did not get the signed doctor's certification letter by August 15, it would terminate her employment. Camelot did not receive the letter by the deadline and notified Brumbalough of her termination by a letter dated August 17. A person who had interviewed for a similar position at the end of July was offered Brumbalough's job on August 16 and began work on September 10. Brumbalough sued, claiming unlawful termination and seeking back pay and benefits as well as damages for emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. . A district court granted summary judgment in favor of Camelot, ruling that Brumbalough was not covered not covered Health care adjective Referring to a procedure, test or other health service to which a policy holder or insurance beneficiary is not entitled under the terms of the policy or payment system–eg, Medicare. Cf Covered. by FMLA when she was terminated and that she was unable to perform the duties of her job. The Sixth Circuit agreed in part, finding that Brumbalough's failure to submit a recertification of her need for continued leave by August 11 meant that she was no longer covered by FMLA when she was fired. But the court also found that the note from Brumbalough's doctor was a sufficient fitness-for-duty certification under FMLA. The law states that "the certification itself need only be a simple statement of an employee's ability to return to work" and that "the employer may not delay the employee's return to work while contact with the health care provider is being made." Because it remains uncertain whether Camelot received the doctor's handwritten note, the court remanded the case to the district court to resolve this question. The lower court will also determine whether Brumbalough might have fulfilled ful·fill also ful·fil tr.v. ful·filled, ful·fill·ing, ful·fills also ful·fils 1. To bring into actuality; effect: fulfilled their promises. 2. the requirements of her job even with the restrictions her doctor had put on her work hours, because additional hours that Camelot said the job entailed were not clearly stated in the job description. The Sixth Circuit also dismissed the claim for emotional distress damages. Carol Nickle, Brumbalough's attorney in Knoxville, has mixed feelings about the ruling. "This is a significant decision because it means that my client gets a trial," she said, adding that Brumbalough's August 17 firing and her replacement's hiring on August 16 showed retaliation RETALIATION. The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should lay a very heavy tariff on American goods, the United States would be justified in return in laying heavy duties on the manufactures and , an issue they have not been able to try yet. "The district court would not allow us to amend the complaint to include a claim for retaliation," said Nickle, "but I hope that the jury is going to be impressed im·press 1 tr.v. im·pressed, im·press·ing, im·press·es 1. To affect strongly, often favorably: by the fact that they replaced her before she was terminated." At press time, Camelot had filed a motion for reconsideration re·con·sid·er v. re·con·sid·ered, re·con·sid·er·ing, re·con·sid·ers v.tr. 1. To consider again, especially with intent to alter or modify a previous decision. 2. and a request for an en banc [Latin, French. In the bench.] Full bench. Refers to a session where the entire membership of the court will participate in the decision rather than the regular quorum. In other countries, it is common for a court to have more members than are hearing. |
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