ILNews

Leave act specific to alcoholism treatment

Michael W. Hoskins
January 1, 2008
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An Indiana man sued his former employer for firing him on grounds that he missed too much work, arguing that he was covered by the federal medical leave act because he was getting treatment for alcoholism.

But the 7th Circuit Court of Appeals determined today that the Family and Medical Leave Act doesn't protect workers from being dismissed. Because he missed three days of work just prior to being admitted for alcoholism treatment and that time combined with previous absences was enough for his employer to dismiss him, the court ruled.

The unanimous three-judge ruling in Richard L. Darst, as Trustee for the Bankruptcy Estate of Krzysztof Chalimoniuk v. Interstate Brands Corp. and Tonia Gordon, No. 04-2460, affirms the previous judgment from U.S. District Judge John D. Tinder in Indianapolis, who'd granted summary judgment in favor of the defendants.

A footnote in the opinion shows that during the course of the litigation, Chalimoniuk filed for Chapter 7 bankruptcy and his termination claim became part of the bankruptcy estate. Trustee Darst has continued to prosecute this on behalf of the estate.

Chalimoniuk had worked at the baked goods manufacturer for 15 years before being dismissed in 2000 for excessive absenteeism. The employer operated on a point system, with 24 or more resulting in discharge. When this case's set of facts began, Chalimoniuk had a cutoff of 32 points, and he'd accumulated 23 already.

His situation began July 29, 2000, when he relapsed and missed three days of work. During those three days, he called his doctor and set up his admission to a treatment facility where he stayed Aug. 4-10 of that year. He filled out employment paperwork for leave starting July 29 and ending Aug. 11, but the employer's human resources manager Gordon investigated that date and determined the prior three days didn't fall under the act.

At issue in the case was whether his three days of missed work prior to being hospitalized classified as "treatment" under the FMLA, which allows eligible employees up to 12 weeks of unpaid leave a year for various reasons, such as a "serious health condition" that the Department of Labor states can apply to substance abuse treatment.

"On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave," Circuit Judge Ilana Diamond Rovner wrote, noting that Chalimoniuk provided no evidence that he was admitted to any facility for treatment on those three days. "Because he had exceeded the number of points allowable under IBC's absenteeism policy, the defendants were free to terminate his employment without running afoul of the FMLA."
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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

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