Haran v. Orange Business Services, Inc.

What the court decided

An account manager took eight and a half days of paid time off over several months to care for her daughter, who needed surgery, and her mother. Neither she nor her manager mentioned the FMLA, and the employer did not give her FMLA notice. Her manager scrutinized her handling of a major account, rated her "improvement needed," and she was fired twelve days after her last day off (most of the leave had been taken two to four months earlier) because she was not expected to meet her quota for the new year. The court held that discouraging leave can be FMLA interference, but criticism of job performance that never refers to the leave is not, even if the employee subjectively felt pressure and took less leave. An employer's failure to give FMLA notice is interference only if it prejudiced the employee, and she got all the leave she asked for. Her retaliation claim failed because the performance concerns predated her leave and timing alone does not show pretext.

Who won

The employer won. The Second Circuit affirmed summary judgment on the FMLA interference and retaliation claims; her New York City claim was dismissed without prejudice to refiling in state court.

Why it matters for workers with a medical condition

If time off may be FMLA leave, say so and ask for it in writing. Keep any comment that links criticism of your work to your time off.

Key passage: 160 F.4th 51 at 56-60.

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This page summarizes the decision in plain language.