Tanner v. Stryker Corp. of Mich., 2024 WL 3058746 (11th Cir. 2024)
Available at https://media.ca11.uscourts.gov/opinions/pub/files/202214188.pdf
An employee was expecting a child with his former girlfriend who lived out-of-state. Because of the inherent uncertainty of the due date, the employee requested FMLA leave to travel to await the birth. His employer explained that his entitlement to 12 weeks of FMLA leave (six of which would be paid leave under the employer’s policy) would not begin until the child was born. Before that date, the employee would have to use paid time off (PTO) and sick leave. The due date came and went, and the employee exhausted his accrued PTO and sick leave, accumulating disciplinary points for each missed day of work. Within a day of his child’s birth, he was informed that his employment had been terminated due to his unexcused absences. The employee sued his employer for interference with his FMLA rights and retaliation, but the trial court ruled for the employer, holding that the employee was not entitled to FMLA leave prior to the birth and was terminated for a legitimate, nondiscriminatory reason.
On appeal, the Eleventh Circuit noted that the question in the case was “quite narrow: does the FMLA provide an expectant parent who is neither pregnant nor married to a pregnant spouse with pre-birth leave so that he may await the child’s birth away from work?” Answering in the negative, the court explained that while the FMLA provides bonding time to both parents beginning with the child’s birth, pre-birth FMLA leave is generally available only to an expectant mother who is incapacitated due to pregnancy or to a spouse who is caring for an incapacitated pregnant spouse. Recognizing the limited scope of the FMLA and acknowledging the employee’s distress at losing his job because he wanted to be present at his child’s birth, the court nevertheless affirmed the trial court’s decision.
EBIA Comment: While not directly related to employee benefits, this case points out fundamental FMLA principles. Employers subject to the FMLA (generally those with 50 or more employees) must maintain coverage under their group health plans for the duration of an eligible employee’s FMLA leave under the same conditions as if the employee were still actively working. In addition, other benefits must be reinstated upon return from leave. Complex rules govern the maintenance and reinstatement of coverage and provide options for the payment of premiums. For more information, see EBIA’s Group Health Plan Mandates manual at Section XVII (“Family and Medical Leave Act (FMLA)”).
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