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7th Circuit affirms summary judgment for employer in FMLA suit

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An employer was within its rights to terminate an employee who attempted to take off work under the Family and Medical Leave Act but then sought no treatment, the 7th Circuit Court of Appeals ruled Thursday.

Judge William T. Lawrence granted summary judgment in favor of the employer in the U.S. District Court for the Southern District of Indiana.

In Robert Jones v. C&D Technologies, 11-3400, Robert Jones appealed the finding for the employer in Attica, where he had worked for six years as a machine operator. The company had a system in which workers were assessed half-points or full points for unexcused absences longer than 30 minutes. An employee with three or more points in a four-month period was subject to termination.

On Oct. 1, 2009, Jones missed work to go to a doctor’s appointment. Jones and the company dispute whether Jones requested FMLA leave for the entire day or just for the time needed for his appointment. Jones also said he left a voice mail about missing work that day, which C&D disputes.

Jones had accumulated at least three points in the quarter, and he was suspended the day after his medical appointment and fired within a week.

The District Court held that while Jones obtained refills of prescription medication for anxiety and leg pain during his day off, he was not entitled to FMLA leave because he did not receive treatment during his absence. The 7th Circuit agreed.

“Taking prescription medicine is not indicative of whether an employee receives treatment that prevents” performing a job, Circuit Judge Michael Kanne wrote. “Many chronic conditions require a course of prescription medication, but the FMLA requires something more for an employee to become entitled to leave — inability to perform … job functions.”


 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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