Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 19

FACTS Beverly Ballard worked for the Chicago Park District. She lived with her mother, Sarah, who suffered from end-stage congestive heart failure. Beverly served as Sarah's primary caregiver with support from Horizon Hospice Palliative Care. The hospice helped Sarah plan and secure funds for an endof- life goal-a family trip to Las Vegas. To accompany Sarah as her caretaker, Beverly asked the Park District for unpaid time off under the Family Medical and Leave Act (FMLA). The employer refused the request, but Beverly and Sarah took the trip as planned. Later, the Park District terminated Beverly for "unauthorized absences." She filed a suit in a federal district court against the employer. The court issued a decision in Beverly's favor. The Park District appealed, arguing that Beverly had been absent from work on a "recreational trip."
ISSUE Does the FMLA protect an employee who takes leave from work to care for a seriously ill family member during a trip?
DECISION Yes. The U.S. Court of Appeals for the Seventh Circuit affirmed the lower court's judgment.
REASON Under the FMLA, an eligible employee is entitled to take leave from work to care for a family member with a serious health condition. The existence of a serious health condition is the only limitation imposed on the care-it is not restricted to a particular place, such as "at home." Sarah's medical, hygienic, and nutritional needs did not change when she was in Las Vegas, and Beverly continued to care for her mother's needs during the trip. The location-Las Vegas, as opposed to Chicago-was not relevant to the legitimacy of the request.
The Park District argued that Beverly had requested leave in order to take a "pleasure trip." But the court pointed out that "any worries about opportunistic leave-taking" should be eased by the fact that the request arose out of hospice and palliative care. In addition, for further assurance, the employer could have asked that a health-care provider certify the request.
WHAT IF THE FACTS WERE DIFFERENT? Suppose that Beverly had requested leave to make arrangements for a change in Sarah's care, such as a transfer to a nursing home. Is it likely that the result would have been different? Explain.