SEVENTH CIRCUIT FINDS THAT EMPLOYEE, WHO WAS CAUGHT SLEEPING ON THE JOB AND LATER TERMINATED, MAY PURSUE AN FMLA CLAIM 

Byrne v. Avon Products, Inc., (7th Cir. Mar 9, 2003)

http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=02-2629.PDF 

          In this case, the Seventh Circuit held that an employee is entitled to FMLA leave if (1) a reasonable employer would be notified from the circumstances surrounding the employee that they qualified for FMLA leave, or if (2) the employee was mentally unable to give notice to the employer of his need for FMLA leave.  Plaintiff, who was an employee of Avon, was caught sleeping on the job two days in a row by a security camera.  He slept 3 hours the first day and 6 hours the second day.  The employer confronted Plaintiff about this issue and set up a meeting to discuss the problem.  Plaintiff did not show up for the meeting so Defendant terminated Plaintiff’s employment.  It turned out that Plaintiff was suffering from severe depression, and the excessive sleeping was a symptom of the depression.  Plaintiff subsequently filed a FMLA and ADA claim in Federal Court. 

          The District Court granted summary judgment for the employer.  The Seventh Circuit agreed with the District Court that Plaintiff did not have a claim under the ADA. However the Court of Appeals determined that Plaintiff may have stated a claim under the FMLA.  The Court determined that if Plaintiff could show that he was unable to give the Defendant notice that he needed FMLA leave, then he is excused from the notice requirement.  The Court also determined that if the employer was reasonably put on notice that the Plaintiff needed FMLA leave (from the surrounding circumstances), then the termination was unlawful under the FMLA.  Therefore, the Court reversed and remanded the case so that the lower court could make a determination on each of these factual issues related to the FMLA claim.