By Christopher Calnan
A former Ohio college football coach claimed in a lawsuit recently that he was fired for taking paternity leave.
Paul Harker, former strength and conditioning coach for Miami University, alleges in the suit that officials told him after his twins were born in January 2017 his contract wouldn’t be renewed. It also alleges that after he took unpaid leave following the births, head coach Chuck Martin told Harker he needed to be either a coach or a “family man,” according to the suit filed in the U.S. District Court for South district of Ohio.
The university and Martin allegedly violated the Family and Medical Leave Act, or FMLA, a federal law that guarantees certain workers up to 12 workweeks of unpaid leave without any threat of job loss. The law, which was enacted in 1993, also requires employers to maintain health benefits for eligible workers, according to the U.S. Department of Labor.
Harker is seeking back pay, front pay, liquidated damages and attorney fees, the lawsuit indicates.
Here’s the background: Harker’s wife gave birth on Jan. 20, 2017. He took three weeks of paid paternity leave that was pre-approved by the university. Upon his return to work, Martin allegedly told Harker, a Miami University coach since 2011, his position was in jeopardy due to a lack of commitment to the program and suggested Harker start seeking employment elsewhere.
Harker then took the remaining nine weeks of FMLA leave (from April 3 to June 4) that was due him. A Miami University official requested a review of Harker’s employment just days after his second leave started. His contract was terminated in June 2017, according to court documents filed in December.
Miami University Athletic Director David Sayler and Associate Athletic Director Steve Brockelbank are also named as defendants in the lawsuit.
“The decision to terminate Mr. Harker’s employment was made knowingly and with malicious intent to retaliate against Mr. Harker for exercising his federally protected right to leave under the FMLA’s ‘Family-Care’ program,” the lawsuit states.
Harker played football for Michigan State University and was the team captain for the 2002-2003 season. Before working at Miami University, he was the strength and conditioning coach for Wayne State University in Detroit from 2006-2011. Harker was promoted to assistant athletic director at Wayne State in 2010.
At Miami University, Harker’s position was an annual appointment and up for renewal at the end of each contract year. In addition to his work with the football team he oversaw the training programs of 19 varsity sports, according to his online profile.
The lawsuit also alleges that Miami University officials denied telling Harker his contract wouldn’t be renewed after he made arrangements to move and sell his house in Oxford, Ohio. Officials also attempted to persuade him to resign rather than be terminated, a court filing shows.
“Mr. Harker objected to the idea of resigning because it would wrongly indicate that his employment ended voluntarily and would preclude him from collecting unemployment if he was unable to find another job when his contract ended,” according to the lawsuit.
The FMLA, which applies to public- and private-sector employees, is designed to enable workers to take up to 12 workweeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.
For eligibility, an employee must have been at the business at least 12 months, and worked at least 1,250 hours during the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.
