New FMLA Ruling Puts HR On Notice About Expectant Fathers’ Leave Rights

A new ruling in a case from Alabama provides valuable insight for HR pros on the requirements of the Family and Medical Leave Act (FMLA).

In the ruling, a federal appeals court revived a former FedEx employee’s claim that the employer violated the law when it reprimanded him and then terminated his employment because he needed to take care of his pregnant wife.

FedEx Job Required Overtime

Teryl James loaded and unloaded trucks for FedEx, which expected him and other freight handlers to work overtime as needed. At the end of their regularly scheduled shifts, freight handlers were required to check with their supervisors to make sure there were no trailers that still needed to be unloaded.

In March of 2020, James told two managers that his wife was pregnant and asked about the FMLA. A manager reportedly told him that he didn’t need to ask about FMLA until after the baby was born.

In June, the pregnancy was designated as high risk, and James’ wife stopped working and driving. James told his managers about the development and that he might need time away from work to care for her — but no one told James about his FMLA rights.

Near the end of June, James told a manager that he needed to leave at the end of his regular shift to take his wife to an appointment. The alleged response: You have to stay and work overtime. James left, and FedEx added a “Corrective Action Process Coaching Session” form to his file.

On the first day of July, James left at the end of his regular shift to take care of his wife, after being told that doing so would be considered job abandonment.

Employee Fired After Birth of Child

The baby was born prematurely the next day. About two weeks later, FedEx terminated James’ employment. He sued, alleging unlawful interference and retaliation under the Family and Medical Leave Act. A federal district court ruled against him, and he appealed.

The appeals court said James presented a viable claim of interference with his rights under the statute, while noting that “the employer’s motives are irrelevant.”

Jury Should Decide FMLA Issue, Appeals Court Says

It said a reasonable jury could find that he was entitled to FMLA benefits and that FedEx’s interference with those benefits led to his employment termination.

There was enough evidence to create a dispute about whether his wife needed care on the occasions that he left work without authorization to be with her, the appeals court said.

A jury could find that he was reprimanded and terminated because he refused to work overtime, the appeals court added. It reversed the lower court’s decision.

FMLA Requirements: 5 Key Points for HR

Here are five key takeaways from this ruling for HR pros.

1. Be aware of the FMLA’s notice requirements

The FMLA creates notice-related requirements for both employers and employees. If the leave is foreseeable, employees must notify their employers of the need for it at least 30 days in advance. If it is not, the employee must give only enough information for the employer to reasonably determine that the FMLA may apply to the request. Once a request for FMLA leave is made, employers generally have five business days to tell the employee about their eligibility for leave and their rights under the statute.

2. No magic words are needed

There are no formal requirements applicable to employee requests for FMLA leave. Employees don’t need to use a special form. In fact, they do not even have to put the request in writing. They do not need to specifically mention the FMLA when asking for leave under the law. All they need to do is provide enough information for the employer to know that the leave might qualify.

3. Two potential claims to be aware of

The FMLA recognizes two types of claims: interference and retaliation. In an interference claim, an employee alleges that the employer denied leave or otherwise interfered with their rights under the statute. In a retaliation claim, the employee alleges that the employer took adverse action against them because they requested or used leave or engaged in other activity that the statute protects.

4. Provide regular training to managers

This ruling told the story of managers who were woefully lacking when it comes to FMLA rules. The biggest manager mistake: Management reportedly told the employee that the FMLA doesn’t come into play until a baby is born and did not provide notice regarding the employee’s FMLA rights, even after he told them his wife’s pregnancy was high-risk. Providing managers with proper FMLA training can help prevent costly mistakes.

5. No baby, no FMLA is not a thing

In this case, a FedEx manager allegedly told the employee that he didn’t need to ask about FMLA leave until after his new baby was born. But the FMLA entitles expectant fathers to take leave under the statute to care for a spouse with a serious health condition – including a period of incapacity that results from pregnancy.

For more information, take a deeper dive into our comprehensive blueprint, The Family and Medical Leave Act: An Employer’s Guide, to get clear answers on:

• FMLA eligibility
• Intermittent leave, and
• Compliance strategies that help reduce legal risk.

James v. FedEx Freight, Inc., No. 24-12907 (11th Cir. 11/7/25).