Alert: Massachusetts High Court Affirms $2 Million Jury Verdict in Favor of Employee Who Vacationed During FMLA Leave

The case is DaPrato v. Mass. Water Res. Auth., No. SJC-12651, 2019 Mass. LEXIS 299 (June 5, 2019).

The Massachusetts Supreme Judicial Court (“SJC”) recently affirmed a jury’s finding that an employee was wrongfully terminated after he took a vacation during his Family and Medical Leave Act (“FMLA”) leave.

WHAT YOU NEED TO KNOW:

Richard DaPrato, former information technology manager for the Massachusetts Water Resources Authority (“MWRA”), took FMLA leave following a foot surgery. He told the authority that he would be taking a doctor-approved trip to Mexico during a portion of his recovery. Upon returning to work, the authority terminated DaPrato, saying he violated the “salary continuation plan” by traveling to Mexico while on FMLA leave.

At trial, DaPrato claimed the MWRA retaliated against him for exercising his right to take medical leave under the FMLA. The jury found the MWRA liable for retaliatory termination and awarded DaPrato almost $2 million, which included $715,385 in punitive damages and $616,886 in compensatory damages.

The MWRA appealed the damages awards, but the SJC found that the damages awards were reasonable.

The court stated, “DaPrato took FMLA leave to allow his foot to recover fully from surgery. Such recovery could take place in a warm climate as well as in a New England winter.” However, the court also warned, “An employee recovering from a leg injury . . . may not climb Machu Picchu without abusing the FMLA process. Careful consideration of the reasons for the medical leave and the activities undertaken, including the timeline for rehabilitation and recovery, are required to determine whether the FMLA leave has been abused.”

Regarding the punitive damages award, the court noted, “The deterrence purpose of punitive damages justifies the sum awarded here, particularly because the MWRA is a sophisticated and solvent public employer expected to know and comply with the spirit and letter of the FMLA law.”

WHAT YOU NEED TO DO:

This decision serves as a reminder to exercise caution when administering FMLA. Determining whether an employee has abused the FMLA process depends on the specific facts of each individual case, and employers may expose themselves to liability and damages for an incorrect determination. Therefore, before taking any action against an employee on FMLA leave, employers should strongly consider consulting counsel.