Kent v. Maryland Transportation Authority (Maryland U.S.D.C.)(not approved for publication)

Signed December 21, 2006 -- Opinion by Judge Catherine C. Blake (not approved for publication)

Kent, a telecommunications operator with the Maryland Transportation Authority ("MTA"), fell and injured her knee in 2004, and requested leave under the Family and Medical Leave Act ("FMLA"). To supplement the supporting materials submitted by Kent, MTA required Kent to submit to two examinations by their physicians. Kent sued MTA, alleging damages and losses sustained as a result of breaches by MTA of the FMLA statute, and specifically being required to undergo two examinations and not being provided timely notifications by MTA.

On consideration of MTA's Rule 12(b)(6) motion, the court found that Kent had failed to state a claim for which relief could be granted. Per the court, Kent did not allege that she had failed to receive time off to which she was entitled, but rather only that she was forced to see two doctors to qualify for the time off, and the statute explicitly allows for such second opinions. Further, though noting that the notifications provided by MTA fell short of what the FMLA contemplates, the court found no prejudice to Kent from the failure of timely notice, and dismissed the case.

The full opinion is available in PDF.