Did Coworkers’ Calls, ‘Off-Boarding’ During FMLA Leave Constitute Interference?

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Hamilton, OH (WorkersCompensation.com) – Most FMLA interference claims involve actions an employer takes while the employee tries to obtain medical leave. But what a company does during leave can also constitute interference.

A case involving an Astrazeneca employee addresses what such interfering actions might, or might not, look like. The sales specialist for the pharmaceutical giant in that case was in the process of separating from the company.  At the same time, he had been granted 16 days of FMLA leave. During leave, he engaged in five hours of “off-boarding” activities and conversations, involving steps he and the company needed to take as part of his departure. 

The specialist said he spent another five hours during his leave taking calls from coworkers and that those conversations were substantive work activities. For example, he talked with a coworker about marketing and sales initiatives for certain customers and received "multiple calls" from colleagues regarding "normal sales activities." 

The sales specialist argued that contacting him and having him work during his leave amounted to interference.

The court explained that interfering with an employee's exercise of FMLA rights includes  discouraging the employee from using leave. Discouraging an employee includes asking an employee to work while they are on protected leave.

The company asked the court to dismiss the lawsuit, arguing that the employee failed to make out a viable case.

Did the employee establish FMLA interference?

A. Yes. Having to work 10 hours during 16 days of leave amounted to a disruption that would have discouraged a reasonable person from taking leave.

B. No. There was insufficient evidence that he was required to engage in significant, substantive work during his leave.

If you selected B, you agreed with the court in Bobnar v. AstraZeneca Pharmaceuticals, L.P., No.  1:22-cv-2258 (N.D. Ohio 11/26/24), which held that the employee failed to allege that the company compelled him to engage in significant substantive work.

First, noting that there is no FMLA right to avoid an employer’s reasonable inquiries, the court stated that the five hours of “off-boarding” activities did not constitute required work and were de-minimis. 

Second, the court acknowledged, “under certain circumstances, multiple phone calls from an employer and demands to complete more than simple tasks could rise to the level such” of unlawful interference. This was not the case here, however. As for the five hours the specialist allegedly spent speaking to coworkers, there was no evidence he was required to do so. Further, the employee failed to indicate how many of these calls were had, how long any call lasted, or that these calls were anything more than simple tasks.

Third, the court noted that where an employee’s contact with his employer is of his own initiative, it’s not grounds for an interference claim. Here, there was no evidence that the employer ever asked the sales specialist to take the phone calls. 

The court granted judgement to the company.

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