An FMLA Blindspot for Employers to Watch

Jeremy Farrell, Esq., jfarrell@tuckerlaw.com, (412) 594-3938

Understanding FMLA Basics

The Family and Medical Leave Act (FMLA) allows eligible employees to take leave for specific family and medical reasons, including caring for a spouse with a serious health condition. Employees must give notice of their intent—or potential need—for FMLA leave. Once an employer becomes aware of circumstances that may trigger FMLA protections, it must notify the employee of their rights and responsibilities.

Importantly, employees do not need to use “magic words” or explicitly mention the FMLA to invoke these protections.

The recent Eleventh Circuit decision in James v. FedEx Freight (2025) illustrates this principle: notifying managers of a spouse’s high-risk pregnancy and need for care may be enough to trigger an employer’s FMLA obligations.

A High-Risk Pregnancy and Scheduling Conflicts

Teryl James worked overnight shifts as a freight handler, loading and unloading trailers. At the end of each shift, employees had to confirm with a supervisor that no trailers remained; if loads were left, overtime was required to clear them.

In March 2020, James told a supervisor his wife was pregnant and asked about FMLA leave. The supervisor dismissed the request, saying James was “moving too fast” and wouldn’t need leave until after the baby was born.

Later that summer, James’s wife’s pregnancy became medically complicated. Providers instructed her not to work or drive, required frequent medical appointments, and sometimes urgent assistance. James informed supervisors of her worsening condition and his need to leave early or miss work to care for her.

The court highlighted James’s statements to managers:

• His wife’s pregnancy was “high-risk,” and she could not drive or work.
• He was the only driver in the household and needed to take her to appointments.
• He might need to leave work suddenly due to unpredictable complications.

Allegations of Job Abandonment

In late June, James told his boss he needed to leave at the end of his shift to take his wife to an appointment. The supervisor insisted he work overtime. James refused, citing his wife’s condition. A corrective action form was prepared to document his refusal.

A week or two later, after James had clocked out for his shift, James declined a manager’s request to stay behind for a discussion, explaining his wife was experiencing complications. The supervisor labeled this “job abandonment.”

James’s termination was recommended the next day and approved a few weeks later (after his baby had been born).

Why the Court Found the Employer’s Actions Problematic

Under the FMLA, employees may take leave to care for a pregnant spouse who is incapacitated or requires prenatal care (29 USC § 2612(a)(1); 29 C.F.R. § 825.120(a)(5)). Caring for a spouse includes transporting her to medical appointments when she cannot drive (29 C.F.R. § 825.124(a)). Intermittent leave may apply in such situations.

The court concluded James’s statements should have alerted FedEx to his need for FMLA leave. Once aware, FedEx was obligated to evaluate whether the leave qualified for FMLA and provide proper notices under the Act.

The court observed:

“Had James used his FMLA leave to which he was entitled, to get home to his wife rather than working overtime, he would not have been fired for failing to work overtime.”

FedEx argued James would have been terminated anyway for failing to check in with a supervisor. However, inconsistencies in the termination paperwork suggested the real issue was his refusal to work overtime when he needed to care for his wife. Because of these inconsistencies, the case was sent to a jury for resolution rather than dismissed at summary judgment.

The Key Takeaway

It’s an oft repeated but important adage: teach managers about the FMLA. And then train them to escalate any potentially related scenarios to HR.

Supervisors must understand that FMLA protections can apply before a child is born and that employees need not explicitly request “FMLA leave” to trigger obligations. Attendance issues may mask legitimate FMLA needs. Proper screening by HR can prevent misclassification and legal exposure.

Managers should escalate situations involving medical complications or potential leave or accommodation needs to HR to promptly address.

Need Guidance?

Feel free to contact Jeremy Farrell at (412) 594-3938 or jfarrell@tuckerlaw.com.