His employer terminated his employment pursuant to its policy that absence for seven consecutive days without proper application or approval is grounds for termination. Lane brought an FMLA interference claim against the employer alleging that he was denied his FMLA rights.

The district court found otherwise noting that Lane’s notice was insufficient and that his medical certification form did not cover leave to clean up a flooded basement. Relevant to the court were Lane’s failure to inform his employer that cleaning up the basement was necessary for his mother’s continued well-being and his failure to tell his employer that his mother suffered from hepatitis.

Lane’s failure to call into his employer at the outset of the leave as well as his employer’s past cooperation with his intermittent leave probably also factored into the court’s decision. Additionally puzzling was Lane’s need for 6-7 working days and a weekend to clean out a flooded basement as well as the ability to house his mother elsewhere in the meantime.

Lane could have avoided much heartache with better communication with the employer from the outset; actually cleaning the basement in a timely manner; and/or exploring other options for housing and care of his mother. However, in the end, it was simpler for him to not take 5 minutes to call his employer in advance and notify it of the problem.

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