United States First Circuit

In a suit alleging that a university miscalculated the period of leave under the Family and Medical Leave Act and the Massachusetts Small Necessities Leave Act to which plaintiff was entitled and used her leave as a negative factor in an employment decision, summary judgment for defendant is affirmed where: 1) the university was not required to remove holidays from its calculation of the time plaintiff was entitled to under the FMLA; 2) plaintiff chose to dismiss with prejudice her retaliation claims and cannot backtrack and attempt to recharacterize the negative factor claim as one of substantive entitlement; and 3) plaintiff did not provide sufficient notice of her need for leave beyond that made available by the FMLA.

Appellate Information

• Decided 09/21/2007
• Published 09/21/2007

Judges

• LYNCH, Circuit Judge., Before LYNCH and LIPEZ, Circuit Judges, and BARBADORO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Harry C. Beach, for appellant.


• For Appellees:
  
• Crystal D. Talley, with whom Lawrence S. Elswit was on brief, for appellees.