FMLA leave doesn't automatically protect against nonrenewal

A school district employee's contract was nonrenewed after 22 years of employment. The employee served as the coordinator of the extended-year program charged with overseeing the summer school program. In May and June of 2008, she took leave pursuant to the Family and Medical Leave Act (FMLA). Prior to the FMLA leave, the employee's supervisor held meetings with her to transfer her work to others. The tone of those meetings was negative and not supportive. Her supervisor questioned whether she had to go on leave, given all of the preparation still required for summer school, and told her that she would be held accountable if anything went wrong while she was on leave.

While the employee was on leave, the district made the decision to reduce its workforce for budgetary reasons. Her department was eliminated and the employee’s contract was nonrenewed. She sued the school district, arguing that the real reason she was nonrenewed was retaliation for her taking FMLA leave. The Fifth Circuit Court of Appeals disagreed and dismissed her lawsuit. The school district was implementing broad reductions in workforce and had previously discussed eliminating that department for budgetary reasons. After the employee was nonrenewed, the extended-year department was not reinstated, and nobody was hired to replace the employee. The court found that budget tightening was a legitimate and nonretaliatory reason to nonrenew the employee’s contract that was unrelated to the fact that she had taken FMLA leave.