United States District Court, D. Maryland, Northern Division
Decided November 15, 2013.
Tanya Anusie-Howard, Plaintiff, Pro se, Randallstown, MD.
For William Todd, Building Operations Supervisor, Michael Baker, Field Representative, Mike Eppig, Senior Operations Supervisor, Anthony Lee, Baltimore County Board of Education, Defendants: Andrew G. Scott, LEAD ATTORNEY, Hodes Pessin and Katz PA, Towson, MD; Leslie R Stellman, LEAD ATTORNEY, Pessin Katz, P.A., Towson, MD; Lisa Y Settles, LEAD ATTORNEY, Pessin Katz Law, P.A., Towson, MD.
William D. Quarles, Jr., United States District Judge.
Tanya Anusie-Howard sued William Todd, Michael Baker, Mike Eppig, Anthony Lee, and the Baltimore County Board of Education (collectively the " defendants" ) for violating the Family Medical Leave Act (" FMLA" ).  Pending is the defendants' motion to dismiss for failure to state a claim. ECF No. 25. No hearing is necessary. Local Rule 105.6 (D. Md. 2012). For the following reasons, the defendants' motion to dismiss will be granted in part and denied in part.
I. Background 
Anusie-Howard is a building service worker at elementary schools in Baltimore County. ECF No. 24 at 1. Todd was a Buildings Operations Supervisor, Baker a Field Representative, Eppig a Senior Operations Supervisor, and Lee an employee  of Baltimore County Public Schools (BCPS). Id. at 1-3. Todd, Baker, and Eppig supervised Anusie-Howard. Id. at 2. In 2007, Anusie-Howard's husband became disabled--because he cannot be left alone for extended periods, Anusie-Howard had to take time off from work to care for him. Id.
In October 2008, Anusie-Howard received leave under the FMLA to care for her husband who had begun suffering from kidney and heart failure. Id. at 3. Mary Romney, a BCPS employee, assured Anusie-Howard that her paperwork had been received and approved. Id. However, Kevin Kenion, Anusie-Howard's " acting Chief," called Anusie-Howard and " harassed" her for not reporting to work. Id. at 2-3. Romney then stated that she had not received the paperwork. Id. On November 11, 2008, Anusie-Howard reported to her supervisor, Kevin Roberts, that Romney had lied about the approval, but Roberts took no action. Id. at 4.
In October 2009, Anusie-Howard requested FMLA leave three times to care for her husband who had suffered a hernia. Id. at 3, 8. The requests were denied, and Anusie-Howard was forced to use her vacation days, sick time, and other benefits. Id. at 10. Because of this denial, on October 19, 2009, Anusie-Howard switched to a part-time position at Millbrook Elementary school. Id. at 4, 10. That same month, " [d]espite her status as a part-time employee, Defendants continued to assign [her] a full-time work schedule." Id. at 9. She was expected " to complete double the amount of workload in half the time." Id. The defendants also " retaliated against" Anusie-Howard " for requesting benefits under the FMLA . . . by mischaracterizing her sick time and her leave time, by miscalculating the benefits and pay earned and by otherwise continuing a pattern of
harassment including locking [her] out of the building on September 12, 2011." Id. at 4.
On March 18, 2010, Anusie-Howard called in sick with a viral infection. Id. Baker told her: " You need to bring your tail to work because you're being vindictive towards Pat." Id. He then " threaten[ed]" Anusie-Howard " by indicating that he was aware of unidentified items in her personnel file that reflected negatively upon her" and " initiated aggressive arguments" with her " ...