Alaska Airlines employed Tellis in Seattle as a maintenance mechanic. His wife was having difficulties with her pregnancy, so on the morning of July 4, 2000, he told his supervisor he needed to take a couple of weeks off. His supervisor suggested he take FMLA leave and directed him to the Health Benefits office to obtain the necessary forms. Instead of showing up for his scheduled shift that evening, Tellis left a leave request form, which requested holiday and vacation leave for July 5, 6, and 7. On July 5, Tellis contacted the Benefits office to request FMLA leave, and the office sent him the appropriate forms.

On July 6, Tellis's vehicle broke down. He owned another vehicle in Atlanta so he decided to fly there and drive the vehicle back to Seattle. He departed for Atlanta the evening of July 6 and arrived back in Seattle the evening of July 10. While he was gone, his sister-in-law stayed with his wife, and on July 9 his wife gave birth to a baby girl. While he was gone, he called his wife regularly on his cell phone from the road.

Tellis's next scheduled shift after his three days of requested leave was July 11. When Tellis was absent without having obtained the required advance approval, Alaska Airlines attempted without success to contact him. Alaska Airlines decided to terminate Tellis on July 18, 2000, for his unexcused absences. Tellis argued that his absence was protected by the FMLA. Specifiaclly, he asserts that his cross-country trip to retrieve the family vehicle during his wife's late-stage pregnancy difficulties, and his calling her on the phone during the three and a half days he was away were "to care for" his wife under the fmla and thus protected absence from his employment.

WAS TELLI'S ABSENCE PROTECTED BY THE FMLA?

Answer rating: 100% (QA)

Whether Telliss absence is protected by the Family and Medical Leave Act FMLA depends on whether his ... View the full answer