The Essential Guide to Family & Medical Leave

162 | the essential guide to family and medical leave
Lessons from the
Real World
An oral request for a medical certification
doesn’t start the clock.
Ralph Cooper worked for Fulton County, Georgia, for almost 20 years. During
his tenure, Cooper had a number of health problems, including depression,
for which he was repeatedly absent from work. He was disciplined,
suspended, and twice threatened with termination for failing to provide
proper medical documentation and contact his supervisor in connection
with his absences.
In June 1998, Cooper was absent for several days because he was
experiencing chest pains. He was given a letter informing him that he had
to provide a doctor’s excuse for each day of his absence. On July 8, Cooper
provided a doctor’s note that accounted for his absences and said he could
return to work on July 13. He returned to work as scheduled, only to go
home ill several hours later. He told his supervisor he was too ill to work; she
reminded him orally to provide a doctor’s excuse.
On July 14, Cooper faxed his supervisor a request for leave because he was
suffering from blurred vision, having extreme headaches, and passing out. His
supervisor called him and again told him to provide a medical excuse. On
August 4, the county delivered a letter to Cooper, advising him that he had
to provide a medical excuse for his absences by August 10. Cooper got the required
excuse from his doctor several days later but did not immediately deliver
it. On August 10, Cooper was sent a letter stating that his employment was
terminated effective August 12; Cooper then submitted his medical excuse.
Even with his lengthy history of unexcused absences and failure to
comply with employer policies, Cooper won this lawsuit. Why? Because
Fulton County didn’t give him 15 days to return the certification. Although
the county repeatedly asked him for a doctor’s excuse, it did not do so in
writing until August 4. Therefore, Cooper had until August 19 to return
his certification. By firing him before the time limit expired, Fulton County
violated Cooper’s FMLA rights.
Cooper v. Fulton County, Georgia, 458 F.3d 1282 (11th Cir. 2006).