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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was issued on March 3 after The Indiana Lawyer’s deadline.
United States Court of Appeals for the Seventh Circuit
Elizabeth Chitwood v. Ascension Health Alliance, d/b/a Ascension
No. 25-1933
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division, Judge Richard L. Young. Circuit Judge Taibleson writes that the court affirms the district court’s grant of summary judgment for Ascension Health Alliance on the employee’s claims of interference with and retaliation for the exercise of rights under the Family and Medical Leave Act. Holds the employee could not establish FMLA interference because she attempted to retroactively report intermittent FMLA leave only after her employment had already been terminated and failed to comply with notice requirements requiring same-day reporting of intermittent leave and notification to her supervisor as soon as practicable. Further holds the retaliation claim fails because the record shows the employer terminated her for failing to return to work after her approved continuous FMLA leave expired, not because of her use of FMLA leave. Concludes that evidence of internal emails discussing concerns about possible FMLA abuse did not demonstrate pretext or discriminatory intent, as the employer consistently relied on the employee’s failure to return to work as the basis for termination. Appellant’s attorneys: Michael Jay Bruzzese, Edward M. Smid. Appellee’s attorneys: Emily L. Connor, Benjamin Marble.
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