DECISION AND REMAND ORDER OF THE BOARD OF DIRECTORS
I. Introduction
This reprisal and Family and Medical Leave Act (“FMLA”) case, brought under Section 405 of the Congressional Accountability Act (“CAA”) (2 U.S.C. §1405), is before the Board pursuant to the Complainant employee’s petition for review of the Hearing Officer’s dismissal of the complaint, prior to discovery or a hearing. The issues on appeal essentially deal with the timeliness and merits of the Complainant’s FMLA claims and whether her allegedly related discipline by the Employing Office (“the Architect”) is encompassed by the CAA’s anti- retaliation provision (Section 207 of the CAA, 2 U.S.C.§1317).
We affirm the Hearing Officer’s conclusion that the Complainant’s denial of FMLA leave by Respondent is time-barred. However, we reverse the Hearing Officer’s dismissal of Complainant’s alleged reprisal-motivated disciplinary action and remand that issue to the Hearing Officer for further proceedings consistent with the opinion.
II. Statement of the Case
A. Background
On April 13, 2000 the Complainant employee left work abruptly during the afternoon without first providing notice or obtaining employer permission, upon learning telephonically that her child had committed a violent act at school and was about to be taken into police custody. The Complainant did not contact her supervisor until the afternoon of the following day (Friday) when she telephonically asked to be placed on FMLA status from the time of Thursday departure through the following Monday. Her supervisor disapproved her FMLA request for Thursday- Friday but tentatively approved it for the prospective Monday absence. The Architect’s management, at its own initiative and with finality, ultimately denied the Complainant’s FMLA request covering April 13-14, 2000, on August 18, 2000. The Complainant did not seek counseling from the Office, pursuant to the CAA, until May 11, 2001, which was more than 250 days after August 18, 2000.
The Architect, on June 20, 2000, proposed that the Complainant be suspended without pay for five days: for being on absence-without-leave (“AWOL”) on April 13-14, 2000; for using foul language before leaving the office on April 13; and for driving unsafely and failing to identify herself when leaving the employee parking lot on April 13.
