AUGUST 2005

II. JUDICIAL UPDATE

Trip to Retrieve Car Not an FMLA Purpose

In Tellis v. Alaska Airlines, H. Charles Telles (“the Employee”) claimed that his cross-country road trip to retrieve a car during his wife’s pregnancy difficulties, and calling his wife during the three and a half days he was away, were to “care for” his wife under the federal Family and Medical Leave Act (“FMLA”), and thus, a protected absence from his employment. However, the Ninth Circuit Court of Appeals held that the Employee’s trip and telephone calls were not “to care for” his spouse, and thus, his absence was not protected by the FMLA.

The Employee was employed as a mechanic for Alaska Airlines (“the Employer”). His wife was having difficulties with her pregnancy, so his supervisor suggested he take FMLA leave. The Employee requested holiday and vacation leave for three days. He also contacted the benefits office to request FMLA leave and was sent the appropriate forms. On his second day off, the Employee’s car broke down. Thus, the Employee left for Atlanta to pick-up another vehicle. The Employee missed his next scheduled shift after his three day leave and was subsequently terminated for unapproved absences.

Under the FMLA, an eligible employee is entitled to up to 12 weeks of leave during a 12-month period “to care for” a family member with a serious health condition. The Employee claimed that his trip to retrieve the car provided psychological reassurance to his wife that the family would have reliable transportation. He also claimed that his phone calls while he was on the road provided moral support. The Ninth Circuit disagreed and held that “providing care to a family member under the FMLA requires some actual care which did not occur here.”

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