Srouder v. Dana Light Axle Mfg., LLC, No. 12-5835 (6th Cir. 2013)
Annotate this CaseIn 2006 White began working at a job that required him to lift parts weighing between 20 and 75 pounds. White was considered a good worker, but had consistent attendance problems. Between January 26, 2009, and September 24, 2009, White called in 19 absences for reasons, including emergency vacation leave, vacation leave, unpaid leave, and Family Medical Leave Act leave. White took FMLA leave in 2009 due to gout and unrelated back and foot pain. In September 2009, White began suffering complications related to abdominal surgeries following a 1995 car accident. On September 25, White’s surgeon scheduled his surgery for October 7. According to the employer, White did not use the word hernia and only indicated that he might be having surgery soon. White and his employer dispute whether he submitted paperwork concerning a restriction on lifting. White missed several more days and failed to call in, in violation of company policy, and was terminated. The district court entered summary judgment in favor of the employer. The Sixth Circuit affirmed. The FMLA expressly permits an employer to enforce its “usual and customary notice and procedural requirements for requesting leave,” 29 C.F.R. 825.302(d).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.