Volvo Employee Claims Company Punishes Workers Who Take FMLA Leave

A Volvo plant employee has filed a class action lawsuit accusing the company of punishing workers for taking federally protected leave.

Plaintiff Michael Wayne Parcell claims Volvo categorizes Family and Medical Leave Act (FMLA) employee leave as non-protected, unexcused absences and discourages employees from taking it. 

If they choose to take it anyway, Volvo allegedly takes disciplinary action and denies them the chance to advance professionally, Parcell claims.

Parcell says he was hired as an assembler at the Dublin, Va., Volvo plant in August 2005.

During his time as a Volvo plant employee, Parcell claims he has “consistently performed his work at a satisfactory level and met or exceeded Volvo’s legitimate business expectations of him.” He works about 60 hours per week, according to the Volvo class action lawsuit.

Parcell’s wife suffers from a number of serious health conditions, including degenerative disc disease, chronic hypertension, chronic fatigue, coronary artery disease and spinal stenosis, among others, the complaint says. These conditions qualify as “serious health conditions” as defined by the FMLA.

Her medical conditions impair her ability to complete everyday activities and require ongoing treatment and frequent in-office doctor visits, the complaint says.

Parcell claims to have informed his supervisors about his wife’s medical needs around 2017.

That same year, Parcell requested intermittent FMLA leave in order to care for his wife and the request was approved, the Volvo class action lawsuit says. He was re-approved for intermittent FMLA leave in 2018.

However, Parcell claims, his supervisors have been resistant to his use of FMLA leave.

The plaintiff says his supervisors at the Volvo plant have targeted him, discriminated and retaliated against him and “treated him unfavorably” for taking the leave.

But Parcell says he’s not the only one to have this experience.

Volvo has allegedly responded in a similar way to other FMLA-related employee requests “and has engaged in an unlawful and discriminatory pattern and practice of discouraging FMLA leave and retaliating against employees who rely on the FMLA’s protections,” the Volvo class action lawsuit says.

In January 2019, Volvo plant supervisor Frankie Marshon told other Volvo supervisors to categorize employee FMLA leave as “personal business” leave, the complaint says.

Because of this, FMLA leave is categorized as unexcused at the Volvo plant and leads to “unwarranted employee discipline for alleged attendance infractions,” according to the complaint. This type of disciplinary action can reportedly result in employees being left ineligible for promotions or in their termination.

Parcell claims Marshon’s directive contradicts both the FMLA and Volvo’s written attendance policy, and deters employees from using FMLA leave.

Parcell says he was “chastised” in January 2019 for asking about his FMLA leave. Then in February 2019, he was issued a written warning about his attendance and use of the leave, the complaint says.

Citing his FMLA leave, Volvo also allegedly demoted Parcell and refused to consider him for advancement opportunities between 2017 and 2019, even when he was well qualified for the positions, the class action lawsuit says.

Parcell worries that with the number of attendance points and related disciplinary actions on his record, he could ultimately be terminated from the Volvo plant.

As a result, the plaintiff no longer uses FMLA leave to take his wife to the doctor, which has caused her to have a gap in her medical care because she requires assistance to get to the appointments.

Parcell says he and other Volvo plant employees have lost compensation, benefits and advancement opportunities due to Volvo’s alleged FMLA violations. He adds the situation has also caused emotional distress, suffering, mental anguish “and other non-pecuniary loss.”

Through his Volvo class action lawsuit, the plaintiff is seeking an order expunging all FMLA-related discipline from his and Class Members’ work records and reinstating those who were demoted or terminated due to such discipline; an order stopping Volvo’s alleged discrimination and retaliation against employees who exercise their FMLA rights, and any other interference with FMLA leave; an order barring Volvo from categorizing FMLA leave as non-protected and/or unexcused absences; and compensatory damages, damages for loss of income, back pay lost benefits and other damages, prejudgment interest, costs and attorneys’ fees and any other relief deemed appropriate by the Court.

The plaintiff also demands a jury trial.

Do you feel like you were punished at work after taking FMLA leave? Tell us about your experience in the comments.

The plaintiff is represented by Thomas E. Strelka, L. Leigh R. Strelka, N. Winston West IV, Brittany M. Haddox and Monica L. Mroz of Strelka Employment Law.

The Volvo Plant FMLA Leave Class Action Lawsuit is Michael Wayne Parcell, et al. v. Volvo Group North America, Case No. 7:20-cv-00489-GEC, in the U.S. District Court for the Western District of Virginia, Roanoke Division.

Read About More Class Action Lawsuits & Class Action Settlements:

Former Chipotle Employee Claims She Was Denied Breast Pump Breaks

Whole Foods Employees Fight Back Against Store’s Attempt to Dismiss BLM Class Action

Does Zantac Cause Cancer?

Uber Sexual Assault, Lyft Driver Rideshare App Lawsuit Investigation