Dillon v. Maryland-National Capital Park & Planning Commission
382 F. Supp. 2d 777 (2005)
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Rule of Law:
An employee may establish that a grandparent stood 'in loco parentis' for purposes of FMLA eligibility by presenting sufficient evidence that the grandparent assumed day-to-day care and financial support for the employee as a child, even if the employee's biological parent was also present in the home.
Facts:
- Cynthia Dillon worked for the Maryland-National Capital Park and Planning Commission (MNCPPC) in its Payroll Section.
- In August 2002, Dillon requested a three-week vacation to Jamaica for December to visit family, including her grandmother. The request was denied due to year-end work demands.
- In November 2002, Dillon repeated the request, explaining her grandmother was in poor health and asking for her. MNCPPC denied the three-week request but approved a shorter leave from December 12 to December 20, 2002.
- Dillon traveled to Jamaica on December 12 and discovered her grandmother had recently suffered a 'small stroke' and was living in 'dilapidated' conditions.
- On December 19, Dillon emailed her supervisor, requesting an extension of her leave because her grandmother was 'very ill' and she was trying to find a new home for her.
- MNCPPC denied the extension and warned Dillon she would be terminated if she did not return to work as scheduled on December 23.
- Dillon did not return on December 23, instead emailing her employer that her grandmother had 'actually raised' her and she needed to find her a safe home.
- After returning from Jamaica on December 31, 2002, Dillon's employment was terminated for being absent without approved leave.
Procedural Posture:
- Cynthia Dillon appealed her termination to her employer's Merit System Board.
- The Merit System Board held an administrative evidentiary hearing and subsequently denied Dillon's appeal.
- Dillon filed a lawsuit against her employer, Maryland-National Capital Park and Planning Commission (MNCPPC), in the United States District Court for the District of Maryland, alleging interference with her rights under the FMLA.
- In the district court, both Dillon and MNCPPC filed cross-motions for summary judgment.
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Issue:
Does an employee create a genuine issue of material fact as to whether their grandparent stood 'in loco parentis' under the FMLA by providing evidence that the grandparent raised them, provided food and shelter, and was instrumental in their upbringing, thereby precluding summary judgment for the employer?
Opinions:
Majority - Chasanow, District Judge
Yes. An employee creates a genuine issue of material fact as to whether their grandparent stood in loco parentis under the FMLA by providing sufficient evidence of parental-like care and support. The court found that Dillon presented enough evidence to create a triable issue for a jury. The FMLA defines 'parent' to include an individual who stood 'in loco parentis,' which Department of Labor regulations clarify means assuming day-to-day responsibilities for care and financial support. The court identified a multi-factor inquiry focusing on the intent to assume parental status, the child's dependency, the support provided, and the exercise of parental duties. Dillon's statements that her grandmother 'raised' her, fed her, and provided a home were sufficient to create a factual dispute, even though her biological mother was also present. The court held that the presence of a biological parent is not automatically fatal to an in loco parentis claim. Therefore, neither party was entitled to summary judgment on the core issue of whether Dillon was eligible for FMLA leave. However, the court granted summary judgment to the employer on the issue of liquidated damages, finding it acted in good faith by investigating the claim and giving Dillon multiple opportunities to provide supporting information.
Analysis:
This decision clarifies the evidentiary standard required for an employee to survive a summary judgment motion on an FMLA claim based on an 'in loco parentis' relationship with a grandparent. The court's ruling establishes that the presence of a biological parent does not preclude a finding of in loco parentis status, shifting the focus to a fact-intensive inquiry about the nature of the care and support provided. This precedent makes it more difficult for employers to summarily dismiss FMLA requests for non-traditional caregivers and encourages a more thorough, case-by-case analysis of the family relationship, potentially expanding FMLA protections for employees with complex family structures.
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