Man Seeks Reinstatement After Lockheed Martin Refuses Him Time Off to Care for His Ailing Mother

SUNNYVALE, CA, January 29, 2004 -- Frank Miller, 54, a former Emergency Services Specialist at Lockheed Martin, filed suit today against the company, alleging that he was unlawfully denied time off to care for his seriously ill mother. Mr. Miller, who alleges that he was forced to resign, is seeking reinstatement, backpay, and damages under federal and state law.

"An individual should never have to choose between being a good worker and a loving caregiver, as Lockheed forced Mr. Miller to do," said Patricia Shiu, Vice President of Programs at the Legal Aid Society - Employment Law Center. "Family and medical leave laws are in place to prevent this and the burden is on the employer to inform employees of their rights, and when and how to exercise them."

In July 2001, Mr. Miller, a resident of Santa Clara County, and employee at Lockheed for 13 years, asked his supervisor for permission to take one week's vacation to care for his ailing mother in North Carolina. Miller's mother, 85, was in a state of medical crisis due to diabetes, glaucoma, hypertension, angina, stroke, anxiety, and blindness. In a phone call, Beatrice Miller told her son that her heart was feeling weak, that she had fallen, that she thought she had had another stroke, and that she was having difficulty walking. Alarmed, Mr. Miller repeatedly requested time off. After being told "no" three times, Mr. Miller was forced to quit in order to care for his mother.

The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) entitle eligible employees to take up to 12 weeks of leave per year to care for a parent with a serious health condition. Employers are required to maintain the employee's health benefits while on leave and restore the employee to the same or equivalent position upon return from leave.

"Lockheed's denial of Mr. Miller's request for leave was unlawful, intentional, willful, and in violation of his civil rights," says Shiu. "This case will potentially clarify that an employee need not use magic words to invoke FMLA or CFRA leave protections. It will remind large employers like Lockheed that they cannot escape their responsibilities to their employees and their employees' families."

Mr. Miller filed suit in the U.S. District Court for the Northern District of California, San Jose Division. He is represented by attorneys Patricia Shiu, Claudia Center, and Elizabeth Kristen of the Legal Aid Society - Employment Law Center.

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