Unprofessional Conduct, Not FMLA Retaliation, Led to Doctor’s Suspension, 6th Circuit Says

Why It Matters

The ruling clarifies that employers must prove a direct motive linking disciplinary measures to FMLA use, reinforcing the need for clear documentation of performance issues separate from protected leave.

Key Takeaways

• Suspension linked to unprofessional behavior, not FMLA use
• Court required direct link between discipline and leave
• Prior conduct complaints shaped disciplinary committee's decision
• Other resident comparisons rejected due to different facts
• Ruling stresses documenting performance separate from FMLA

Pulse Analysis

The 6th U.S. Circuit Court of Appeals ruled on March 3 that a resident physician’s suspension at Meharry Medical College was not retaliation for taking Family and Medical Leave Act (FMLA) leave. The plaintiff had taken leave after his child’s birth in 2018, then missed a shift for a job interview without notifying supervisors and answered a chief resident’s inquiry contemptuously. The disciplinary committee cited a history of unprofessional conduct, and the appellate panel found no causal link between the leave and the punitive action.

The decision underscores the high evidentiary bar for FMLA retaliation claims. Courts require plaintiffs to demonstrate that an employer’s adverse action was motivated by the leave, not merely coincident with it. In this case, the plaintiff’s reliance on a WhatsApp message and an unrelated resident’s suspension failed because the chief resident who imposed discipline had no connection to those discussions. Moreover, the comparison resident’s own misconduct—lying about whereabouts—showed consistent treatment of unexcused absences, further weakening the retaliation theory.

For healthcare employers, the ruling serves as a cautionary tale about separating performance issues from protected leave. Documenting instances of unprofessional behavior, providing clear warnings, and applying disciplinary measures uniformly can shield institutions from retaliation lawsuits. HR leaders should also train supervisors to reference concrete conduct records rather than informal comments when taking action. As FMLA litigation continues to evolve, courts will likely scrutinize the motive behind each sanction, making robust compliance programs essential for risk mitigation. Institutions that fail to maintain such documentation risk costly judgments and reputational damage.