No. 01-2476.

Theresa Spangler, just who is afflicted with despair, put this task from the Government Financial Lender of Des Moines (the financial institution) alleging the Bank’s cancellation out-of the woman a job violated the girl legal rights below new People in america with Disabilities Operate off 1990 (ADA) therefore the Relatives and Scientific Get-off Work (FMLA). Spangler today appeals the fresh new district court’s give out-of bottom line judgment into the favor of your own Bank for the all of her says. We affirm the brand new region court’s view towards Spangler’s ADA claim, but reverse about the woman FMLA claim.

Theresa Spangler began helping the lending company regarding Demand Functions Institution when you look at the 1982. Spangler is affected with dysthymia, a form of despair, plus phobia and bouts away from alot more serious despair. Their former counselor earliest identified Spangler using this mental disease during the 1993. At that time, Spangler grabbed a six week hop out regarding absence throughout the Lender and went through therapy. Spangler’s most recent psychiatrist also identified Spangler that have dysthymia from inside the 1997. During the time, she got various other exit off absence to go through cures. After this lady 1997 analysis, Spangler shared with her manager one to she took which get-off locate cure for the lady anxiety. Spangler including remembers afterwards advising some most other supervisors and you will Bank group about this lady anxiety.

This new Bank’s attendance rules invited managers so you’re able to justification unexpected absences owed in order to disease otherwise injury according to the products and on this new employee’s previous attendance. The financial institution looked after excessive absenteeism by way of counseling, caution, and, occasionally, termination if required. Teams were to arrange time off for personal providers and you will medical appointments ahead of time. New Bank’s FMLA rules required team to help you request log off 30 days ahead or, in the event the exit was not predictable, the brand new staff must bring as frequently observe since the are practicable. The financial institution posted this short article towards FMLA about employee crack space and you will printed it on the rear of employee day cards.

Lender information show a long-term trend away from absenteeism and you can tardiness through the Spangler’s a career toward Bank. Spangler are absent having loved ones otherwise scientific things about thirty-two weeks from inside the 1993, 17.six weeks for the 1994, several.4 days in the 1995, and you can 29.3 days when you look at the 1996.

Us Judge from Is attractive,Eighth Circuit

In 1997, as an element of restructuring pursuing the selling of your Consult Characteristics Service, the bank moved Spangler and other employees towards main Financial. The financial institution assigned Spangler yet another position in the Representative Economic Functions Service. In the transition, Lender management talked about Spangler’s absence throughout the Financial during the time and you will anxiety as cause of their lack. Into the July from 1997, a member bank 1 Spangler is actually accountable for bringing with bucks services complained one to Spangler’s absenteeism try preventing its business. Several of Spangler’s requirements were after that reassigned to a different employee. One morning inside Sep out of 1997, Spangler left a sound mail message toward a good supervisor’s machine from inside the the fresh early morning stating she’d not be at work that day, therefore forcing the newest supervisor to accomplish Spangler’s work in lieu of attending a booked training session.

During 1997 and you will 1998, Spangler’s of many unscheduled absences along with her chronic tardiness was regularly indexed of the Bank. Spangler put five days $200 loan same day of unscheduled vacation private grounds regarding Sep fifteen as a consequence of 19, 1997. Each and every morning whenever she try missing, Spangler notified her manager from the making a vocals post message. In Sep, Spangler is warned one she would have to be punctually so you can functions also to communicate with individuals instead of leaving sound send texts whenever she try incapable of make it to works. Their 1997 performance assessment detailed you to definitely the lady 21 absences you to definitely seasons had been excessive and this absenteeism was difficulty getting Spangler.