Ballard v. Chicago Park District
2014 WL 294550, 21 Wage & Hour Cas.2d (BNA) 1484, 741 F.3d 838 (2014)
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Rule of Law:
Under the Family and Medical Leave Act (FMLA), 'caring for' a family member with a serious health condition includes providing necessary physical or psychological care, and this right is not restricted by geographic location or limited to situations involving ongoing medical treatment.
Facts:
- Beverly Ballard lived with and was the primary caregiver for her mother, Sarah, who had end-stage congestive heart failure and was receiving hospice care.
- Ballard's caregiving duties included cooking, administering medication, draining fluids, bathing, dressing, and preparing her mother for bed.
- As an end-of-life wish, Sarah, with the help of her hospice social worker, arranged for a six-day family trip to Las Vegas.
- A nonprofit organization, the Fairygodmother Foundation, provided funding for the trip.
- Ballard requested unpaid leave from her employer, the Chicago Park District, to accompany her mother to Las Vegas to continue providing care.
- During the trip, Ballard continued her caregiving responsibilities and also had to take her mother to a hospital when a fire prevented access to Sarah's medication.
- Several months after the trip, the Chicago Park District terminated Ballard's employment for unauthorized absences.
Procedural Posture:
- Beverly Ballard filed suit against the Chicago Park District in the U.S. District Court for the Northern District of Illinois, alleging her termination violated the FMLA.
- The Chicago Park District moved for summary judgment, arguing that Ballard's trip to Las Vegas was not FMLA-protected leave.
- The district court denied the Park District's motion for summary judgment.
- The Park District, as the appellant, was granted an interlocutory appeal to the U.S. Court of Appeals for the Seventh Circuit to review the district court's decision.
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Issue:
Does an employee who takes leave to provide physical and psychological care for a terminally ill parent during a non-medical trip away from home seek leave 'to care for' that parent within the meaning of the Family and Medical Leave Act (FMLA)?
Opinions:
Majority - Flaum, Circuit Judge.
Yes. An employee who takes leave to provide physical and psychological care for a terminally ill parent during a non-medical trip is seeking leave 'to care for' that parent within the meaning of the FMLA. The court's reasoning is that the plain text of the FMLA statute speaks in terms of 'care,' not 'treatment,' and places no geographic limitation on where that care can be provided. The Department of Labor regulations define 'care' expansively to include both 'physical and psychological care,' such as attending to a family member's basic medical, hygienic, or nutritional needs, which Ballard did for her mother in Las Vegas. The court explicitly rejects the reasoning of the First and Ninth Circuits, which required participation in ongoing medical treatment, finding no basis for such a requirement in the statute or its implementing regulations. The court reasoned that if the same services constitute 'care' when provided at home, they also constitute 'care' when provided away from home.
Analysis:
This decision broadens the interpretation of 'caring for' a family member under the FMLA by explicitly decoupling it from ongoing medical 'treatment' and removing any geographic restrictions. It establishes a significant precedent within the Seventh Circuit and creates a circuit split with the First and Ninth Circuits, which had adopted a narrower view. The ruling is particularly impactful for employees caring for family members in hospice or palliative care, as it protects leave taken to help fulfill end-of-life wishes that may involve travel. Future cases in this area will now have conflicting circuit court precedents to consider regarding the scope of FMLA-protected care during non-medical travel.
