Sixth Circuit Reverses Lower Court's Judgment in FMLA Case Clements v. Prudential Protective Services, LLC
The Sixth Circuit Court of Appeals recently reversed a lower court decision in favor of the employer on an issue involving rights under the Family and Medical Leave Act (FMLA). In Clements v Prudential Protective Services, LLC, the Court found that the employer's failure to inform a pregnant employee of her FMLA rights, and to reinstate her to either her former position or to an equivalent position after her leave, wrongfully interfered with her rights under the FMLA.
Telitha Clements was hired by Prudential Protective Services as a security guard in 2006, and worked at the New Center, Fisher and Kahn buildings in Detroit, Michigan. Throughout her employment, she had one supervisor, Lamont Lively. In 2008, Clements became pregnant with her second child, whom she gave birth to in June 2009. She gave Lively notice of her pregnancy, and her last day at work before her leave was May 23, 2009. Lively told Clements to contact him when she was ready to return to work, and he would put her back on schedule. Although Lively later claimed that Clements needed to contact the main office to properly schedule her maternity leave, neither Clements nor Lively contacted the main office. Neither Clements nor Lively filled out any paperwork, either. Clements was not paid for any part of her time off.
Clements tried several times to contact Lively in early July 2009, an estimated six weeks after her maternity leave began, to request to be returned to the schedule. She could not reach him due to his leave of absence to deal with a personal matter. Instead, a woman named "Sabrina" relayed messages between Clements and Lively. Lively told Sabrina to inform Clements that the number of hours scheduled for security guards at the complex had been scaled back due to a lack of business and that Lively could not return Clements to the schedule at that time. While Lively claimed later that he directed Clements to report to the main office for an assignment at another site, Clements stated that she never received the information.