Ascension wins FMLA case over HR specialist’s missed return

In late August 2021, Chitwood stopped reporting to work entirely. She requested continuous military leave under the FMLA from August through December 2021 based on her ex‑husband’s military orders. Sedgwick denied that request as not authorized by the FMLA, but she did not return to work after the denial. 

In October 2021, she applied for continuous FMLA leave to care for her son, who had a serious health condition. Sedgwick approved that request retroactively, covering the period from August 31 through November 3, 2021. When that continuous leave period ended, she still did not return to work. 

The opinion explains that Ascension employee Scott Godsey contacted Chitwood about the conclusion of her leave and instructed her, at least three times, to return to work on November 15, 2021. He also told her that if she did not return as instructed, Ascension would fire her. Chitwood applied for a personal leave of absence for November 4 through December 1, 2021, but that request was denied. 

On the morning of November 15, instead of working, Chitwood called Ascension’s attendance absentee line. She stated she had been unable to log into her computer and assumed she had been terminated, said it was a pleasure to work with the company, thanked Ascension for the opportunity, and mentioned returning company property. She did not state that she was taking FMLA leave that day. 

Later on November 15, Ascension terminated her employment, recording the reason as “Leave Exhaust/Failure to Return to Work.” On November 16, the day after she was terminated, Chitwood tried to report intermittent FMLA leave to Sedgwick for her absences on November 11, 12 and 15. Sedgwick notified Ascension of these requests, but Ascension considered them invalid because she had been terminated the previous day.