United States Sixth Circuit

In plaintiff's suit under the Family Medical Leave Act (FMLA) against her former employer for being terminated from her job as a receptionist, district court's grant of summary judgment in favor of the employer is reversed and remanded where: 1) the district court erred when it granted summary judgment to defendant based on the submission of negative medical certification indicating that plaintiff could return to work; 2) plaintiff has produced sufficient evidence to create a genuine issue of material fact about her entitlement to FMLA leave, and defendant was not permitted to deny her leave based on the certification requirement when it never properly requested certification or informed her of the consequences of failing to provide the same, as required by Department of Labor regulations.

Appellate Information

• Argued 08/04/2010
• Decided 09/02/2010
• Published 09/02/2010

Judges

• MOORE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert C. Bigelow, Charles K. Grant