Case Study: Mcfadden V. Seagoville State Bank

The regulation states, an employee must be restored to a position that is geographically proximate to their previous position. Furthermore, it is an interference of an employee’s right, to which he or she is entitled under FMLA, by failing to restore him or her to an equivalent position upon return to work. 29 C.F.R. § 825.215.

In the case of McFadden v. Seagoville State Bank, the employee’s previous job before taking FMLA leave required a seven mile commute one way, which takes ten minutes to drive. The Buckner branch, her new job location, was twenty-five miles from the employee’s hometown, a commute of thirty minutes each way. The plaintiff “would have been required to drive approximately 18 additional miles to her position in the Buckner branch, which would require an additional 20 minutes of driving time each way.” McFadden v. Seagoville State Bank, Civ. A. 3:08 2009 WL 37596 *2 (N.D. Tex. January 6, 2009). The Bank argued that an additional 18 mile drive to work doesn’t significantly alter her position. Id. at 8. However, the Court held that it was a genuine issue of material fact. Id. Tripling her commute was a question for the jury. Therefore summary judgment for the defendant was denied. Id. at 10.

Flik Int'l Corp. the plaintiff, a former employee, claimed that the defendant, former employer, never informed her of the location change for her job. Sabatino v. Flik Int'l Corp. 286 F. Supp, 2d 327 (S.D.N.Y 2003).The new position located in Rye Brook, New York, was located "less than ten miles" from her previous position, in Tarrytown, New York. Id. at 337. However, the court held that the plaintiff exceeded the allotted time given for maternity leave and failed to present any triable issues of fact, therefore defendant’s summary judgment motion on the FMLA violation of failure to reinstate is granted. Id. at