Food packaging giant Cryovac, Inc. recently defeated a former
employee's FMLA interference claim because he failed to
immediately report his workplace injury in violation of company
policy. Cryovac employed William Spring as a bag sealer. On
November 26, 2008, Spring injured his back at work. On November 30,
he informed his supervisor that he had injured his back. However,
Spring did not tell his supervisor that the injury occurred at
work. On December 3, Spring informed Cryovac's Human Resources
department that he would return to work the following day. Human
Resources informed Spring that he would need to designate the days
that he missed work as FMLA leave and get a note from his
doctor.
Spring's doctor faxed a note to Cryovac indicating that
Spring's injury was work-related. The Company's
work-related injury policy required employees to report "all
injuries no matter how minor." After investigating the matter,
Cryovac determined that Spring had not reported his injury as
work-related and subsequently suspended him for failing to report
his workplace injury in a timely manner. Cryovac later discharged
Spring based on his history of safety violations and disciplinary
infractions.
In September of 2010, Spring filed a lawsuit alleging, among
other claims, that Cryovac had interfered with his FMLA rights and
retaliated against him for taking FMLA leave. The Company filed a
motion to dismiss Spring's FMLA claims, and the Court granted
Cryovac's motion. Spring appealed.
The Third Circuit Court of Appeals upheld the lower court's
decision. The Court found that Spring did not have a valid FMLA
interference claim because Cryovac never denied him FMLA leave and
his termination "had nothing to do with taking FMLA
leave."
This case demonstrates that employers can adopt policies that
require employees to report all workplace accidents
"immediately" and a company can discipline an employee
who violates such a policy, even if the employee requested FMLA
leave.
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