The Essential Guide to Family & Medical Leave

chapter 7 | Giving Notice and Designating Leave | 145
Lessons from the
Real World
An employer had notice of an employee’s serious health
condition because the employer had ordered the employee
to participate in an employee assistance program.
William Moorer was the administrator and CFO of Baptist Memorial Health
Care System, where he had worked for 17 years. Moorer’s boss smelled
alcohol on Moorer’s breath and noted that his performance had started to
slip; he was “fidgety” at meetings; and, at one point, he was slumped in his
chair. His boss ordered Moorer to attend the company’s employee assistance
program, which would require several weeks of leave. Moorer underwent
the program and ceased drinking. Nevertheless, Baptist Memorial fired
him during the leave. Moorer filed a lawsuit claiming that the company
had violated the FMLA by terminating him during an FMLA leave. Baptist
Memorial argued that Moorer had never requested FMLA leave.
The court ruled that Baptist Memorial could not claim that it had no
notice that the leave it placed Moorer on was FMLA leave. Baptist Memorial
had recognized Moorer’s serious health condition of alcoholism and need for
leave, because it had ordered him into treatment for the condition.
Moorer v. Baptist Memorial Health Care System, 398 F.3d 469 (6 th Cir. 2005).
When a leave-seeking employee’s behavior reveals that the employee
might have a serious health condition, you should give the employee a
preliminary FMLA designation of the leave even if the employee doesn’t
request it. Then carefully document all your efforts to find out if the
employee needs FMLA leave.
Example: David’s supervisor and coworkers have noticed David sleeping on the job
on several occasions. David has had no prior performance issues or similar episodes
of sleeping on the job. After several of the sleeping incidents, David comes to you
and tells you he needs to leave early as he doesn’t feel well. David subsequently asks
to take several days off. David hasn’t mentioned the FMLA or requested leave for a
serious health condition. What do you do?