Injuries Employee Suffered In Car Accident Qualified As "Serious Health Condition" Under FMLA
Yvonne Caldera brought this suit as a claim for retaliation under the Family and Medical Leave Act (“FMLA”).
On February 20, 2005, Caldera began working for El Paso County, Texas, as an auto title clerk in the Tax-Assessor-Collector's office. In 2006, Caldera was promoted to supervisor for the Criminal Fee Collections Sections in the office of the County Clerk. At that time, Caldera's father was living with her and receiving hospice care during his final illness, a fact that Caldera had made known to her employer.
On December 20, 2006, while she was at work, Caldera learned her father was gravely ill. Caldera requested and received leave pursuant to the FMLA in order to care for her father, who passed away the following morning. On January 2, 2007, Caldera was involved in an automobile accident which resulted in a concussion for which she was hospitalized the same day. Caldera stayed overnight in the hospital and was released the next day. Caldera took leave pursuant to the FMLA to return home from the hospital and convalesce on January 3, 2007. Caldera returned to work January 4, 2007.
On January 4, 2007, newly-elected County Clerk Delia Briones informed Caldera that she would not be re-deputized.
Calder subsequently brought suit alleging that this amounted to her being “fired,” and “was committed willfully, in bad faith and in direct retaliation for having taken FMLA leave on December 20 and 21, 2006, and on January 3, 2007.”
The County moved to dismiss Caldera’s suit, arguing that Caldera’s alleged injuries were not a “serious health condition” and thus did not qualify her for FMLA leave. The United States District Court rejected the County’s motion, holding that the injuries Caldera suffered in the automobile accident qualified as a "serious health condition," within the meaning of the FMLA:
The Family Medical Leave Act states in relevant part:
an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following:
(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
(B) Because of the placement of a son or daughter with the employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
(D) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.
The FMLA also provides employees a private right of action against an employer who interferes with or discharges an employee in retaliation for an employee's exercise of any rights under the Act.
The Code of Federal Regulations states that for purposes of the FMLA, a “serious health condition” entitling an employee to FMLA leave means:
an illness, injury, impairment, or physical or mental condition that involves:
(1) Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this section, defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom), or any subsequent treatment in connection with such inpatient care; or
(2) Continuing treatment by a health care provider....
Caldera took leave pursuant to the FMLA December 20, 2006, to care for her dying father, an allegation which Defendant does not dispute. Caldera also alleges that she took leave pursuant to the FMLA after suffering injuries-including a concussion-from an automobile accident on January 2, 2007. Caldera alleges she stayed overnight in a hospital and spent the next day at home recovering from her injuries. The Court holds that these facts adequately allege a “serious health condition” under [the FMLA].
Caldera v. County of El Paso, Tex.