Steven B. Barger v. First Data Corporation

The statutory language of the Family and Medical Leave Act, 29 U. S.C. § 2601 et seq. (“FMLA”) provides that employees are “entitled to be restored” to work at the end of leave. Does the word “entitled” have any meaning? The Petitioner took FMLA leave to recover from surgery. The Petitioner timely delivered the required physician’s certification to return to work and he requested restoration. The Petitioner was not restored, but instead was terminated as a cost savings measure by his employer. The district court and the Second Circuit did not find these admitted acts by the employer to be in violation of the FMLA. The Questions Presented are:

1. Whether the FMLA prohibits an employer from refusing to restore an employee to work when the employee has timely requested restoration and satisfied all conditions to restoration (e.g. delivery of a physician’s clearance to return to work)?

2. Whether the FMLA prohibits an employer from terminating an employee requesting restoration based upon the employer’s desire to eliminate the future compensation expense arising from that employee’s return?