Scenario:

Joshua o v. Texas Water Resources Authority Case: Joshua worked for the Texas Water Resources Authority in the IT department. He gave the employer notice of needed foot surgery and applied for a leave under the FMLA with "salary continuation" benefits while he was on leave, which was granted and included all of the necessary documentation. While Joshua was in fact on leave, HR learned that he had gone on vacation to Mexico. As a result, HR launched an investigation into Joshua's leave. The HR director testified in court that "she did not think an employee who's seriously ill or disabled would be able to be on a vacation." She obtained video recordings that depicted DaPrato walking, driving, and lifting luggage out of his car. The director of HR believed that these actions were inconsistent with the medical conditions for which Joshua had been granted FMLA leave and recommended his termination. Without consulting management or checking with Joshua's doctor, the director of HR terminated Joshua. He brought an action under the FMLA.

Issue: Whether going on vacation while on leave under the FMLA violates the Act.

Rules: The FMLA "prohibits an employer from discriminating or retaliating against an employee for having exercised or attempted to exercise FMLA rights," and in particular explains that "employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions." Terminating Joshua was considered retaliation for taking a vacation while on leave under the FMLA.

He was entitled to punitive damages because the actions by his employer were egregious or recklessly indifferent. An employee can be on vacation and still entitled to FMLA leave as long as the vacation is consistent with the reasons for the FMLA leave. The court found that the employee could be resting and healing while in another country or at the beach. The sudden termination by his company after many years of service entitled him to punitive damages for emotional distress in the amount of $200,000. He was also entitled to front pay and back pay because it took him so long to find another job, and he was entitled to compensation for monies lost from his pension. The jury awarded him a total of $2,000,000 for all of these damages.

• Discuss your thoughts on the Joshua v. Texas Water Resources Authority
• Examine the court's decision and discuss whether you agree or not.
• Discuss whether going on vacation should be included in coverage under FMLA. If not, explain your reasoning.
• Assess if you think this case warranted such a large award of damages.