Sullivan was employed by the U.S. Postal Service (USPS). In January 2009, he requested leave under the Family and Medical Leave Act (FMLA). In support of his request, he submitted a physician’s certification that he suffered from frequent and painful attacks of gout in his feet and ankles that would require his absence from work for 5–10 days every month in 2009. A USPS committee, including the FMLA coordinator, reviewed the certification and decided to exercise the agency’s right to obtain a second medical opinion. Sullivan was sent a letter notifying him that he was required to obtain the second medical evaluation. He was told when and where to report for the examination and advised that failure to appear could result in the denial of his FMLA request.

Sullivan did not report for the examination. USPS informed Sullivan that his failure to appear was considered a failure to act in good faith but gave him an opportunity to explain his absence. Sullivan claimed that he hadn’t received the notification letter. This reason was deemed not credible because the FMLA director had confirmed delivery of the letter. Sullivan was told that his application was denied and no leave would be approved in 2009. Sullivan still submitted 6–7 additional FMLA leave requests in 2009 and approximately 14 FMLA leave requests in 2010. All were denied for failure to show entitlement.

He was disciplined twice for noncompliance with rules, and after 45 unscheduled absences for which he did not follow agency leave-requesting procedures, he was terminated for failure to comply with the agency’s leave regulations.

CASE QUESTIONS

1. Even though Sullivan supplied a physician’s certification, did the agency have the right to require a second medical evaluation?

Explain.

2. How could Sullivan have avoided this conflict and qualified for leave?