Is the University Diversity Investigator FMLA-Eligible After ‘Operating on Fumes’? Key Insights on Worker Rights – WorkersCompensation.com

Investigating sexual harassment can be tough for anyone. It’s a stressful job that can affect mental health. Recently, a university investigator faced this exact situation, raising important questions about employee rights under the Family and Medical Leave Act (FMLA).

In February 2023, this investigator told her supervisor about her mental health struggles and her plans to see a therapist. The following day, she described a significant emotional breakdown during her session. Her doctor noted she was "operating on fumes" and was "not healthy," recommending a medical leave.

On February 21, she officially requested FMLA leave. Although she had enough sick and vacation days to cover her absence, the university approved her leave.

During her time off, she did not require hospital care but continued her daily activities, such as driving and socializing. She admitted she could still perform her job tasks before going on leave.

When she returned on May 2, she was terminated, prompting her to sue the university for interfering with her FMLA rights. The university sought to dismiss her case, arguing she was not entitled to FMLA leave because she could still work.

Under the FMLA, eligible employees can take up to twelve weeks of unpaid leave for serious health conditions. But not all health issues qualify. In the 5th Circuit (which includes Texas, Louisiana, and Mississippi), a “serious health condition” requires either inpatient care or ongoing treatment by a healthcare provider. Specifically, it includes:

1. Inpatient care
2. A period of incapacity lasting more than three consecutive days
3. Treatment due to pregnancy or chronic health conditions

So, did the university violate her FMLA rights? The court believed not. It explained that she didn’t have any inpatient care and failed to show she was genuinely incapacitated. The court emphasized that she acknowledged she could work and maintain her routine.

The term “operating on fumes” does not automatically qualify someone for FMLA protection, according to the court. They also pointed out that because she had vacation time available, she was not relying on the university’s approval to her detriment.

Ultimately, since she was not entitled to FMLA leave, the university did not interfere with her rights, and the case was dismissed.

This case raises larger questions about mental health in the workplace. According to a 2021 report from the World Health Organization, mental health issues can impact productivity, costing the global economy an estimated $1 trillion every year. The stigma surrounding mental health often prevents employees from seeking help. Workplaces must create supportive environments. Employees should feel secure discussing their mental health without fear of losing their jobs.

In our ever-evolving workplaces, recognizing the importance of mental health is vital. Both employees and employers benefit from open conversations around these issues. It’s not just about the laws and regulations; it’s about creating a culture of support and understanding.

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