4th Circuit: "Magic Words" Are Not Required to Invoke FMLA Rights (Dotson v. Pfizer, March 4, 2009)
The U.S. Court of Appeals for the Fourth Circuit's recent decision in Dotson v. Pfizer explains that Family and Medical Leave Act ("FMLA") rights are triggered by an employee's request for leave covered by the FMLA, without regard to whether the employee mentions "FMLA" or uses any other term of art in the statute. Since the Fourth Circuit decides appeals from Virginia federal courts, the decision is particularly important for Virginia employers.
In this case, employee James Dotson (Dotson) was awarded more than $722,000 on his FMLA interference and retaliation claims, including $333,305 in statutory liquidated damages, $375,000 in attorneys' fees, and $14,265 in costs. Each party appealed different rulings of the trial court. On appeal, the Fourth Circuit affirmed the judgment, except as to the trial court's denial of pre-judgment interest. Holding that pre-judgment interest on FMLA damage awards is mandatory, the Fourth Circuit remanded the case, directing the trial court to recalculate Dotson's damage and fee awards to include pre-judgment interest.
The following arguments made by Pfizer and rejected by the Fourth Circuit provide clear guidance to employers that the burden is on employers -- not employees -- to understand and properly apply the FMLA:
