Employee Allegedly Abused FMLA Leave By Taking It Around Holidays

Douglas Rydalch (Rydalch) worked as a reservations sales agent for Southwest Airlines at its Salt Lake City location. In 2004, Southwest closed the Salt Lake City center and transferred Rydalch to the Houston center. However, Mr. Rydalch’s family remained in Utah and he continued to reside in Utah during his time off. Further, because of his limited seniority, Rydalch had difficulty getting time off around the holidays. In 2004, Rydalch injured his back in a car accident and requested leave pursuant to the Family and Medical Leave Act (FMLA). Southwest granted all of the leave that he requested. However, in 2007, Southwest began to question whether Rydalch was taking FMLA leave around other previously scheduled time off, such as holidays. Southwest conducted an investigation and discovered that Rydalch had used FMLA leave thirty-five times for leave on days just before or after previously scheduled time off, and around important dates and holidays such as July 4, his birthday, Labor Day, his wedding anniversary, Thanksgiving, Christmas and New Year’s Eve. A Southwest staff administrator then met with Rydalch and advised that Southwest’s Attendance Program states “Using sick leave or sick pay for a purpose other than that intended constitutes abuse. Abuse of sick leave or sick pay shall warrant immediate termination.” Southwest did not take any further action against Rydalch at that time. Subsequently, Rydalch used FMLA leave around July 4, 2007, and Southwest conducted another investigation in which it determined that Rydalch had a pattern of taking flights to and from Salt Lake City on the days he requested FMLA leave. The staff administrator again met with Rydalch to advise that Southwest’s policy prohibited misuse of FMLA leave.  On December 24, 2007, the staff administrator learned that Mr. Rydalch did not report to work and had requested FMLA leave for that day; the staff administrator also learned that Rydalch had purchased round trip tickets from Salt Lake City to Houston during the leave period, and the flights had been booked in June of 2007. Subsequently, Southwest terminated Rydalch and he sued alleging violations of the FMLA and the Americans with Disabilities Act (ADA). The court found for Southwest noting that “Mr. Rydalch has not provided any evidence that Southwest interfered with his exercise of FMLA leave in any way apart from terminating his employment… the cause of Mr. Rydalch's termination was Southwest's honest belief that he violated the Attendance Program.” Read More.