United States Seventh Circuit

In a suit under the Family and Medical Leave Act alleging that plaintiff's employer improperly required her to use sick and vacation leave while she was using FMLA leave and receiving disability benefits, summary judgment for plaintiff is affirmed where: 1) leave pursuant to a temporary disability benefit plan, even a third party plan, falls outside of the portion of FMLA allowing employers to require employees to substitute paid leave for unpaid FMLA leave; and 2) defendant waived its right to challenge the validity of the statute by failing to present the argument in the district court.

Appellate Information

• Argued 12/07/2006
• Decided 02/26/2007
• Published 02/26/2007

Judges

• MANION, Circuit Judge., Before BAUER, MANION, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Christopher A. Monsour, Mayer, Brown, Rowe & Maw, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• Stephen A. Kubiatowski, Office of U.S. Atty., Chicago, IL, for Respondent-Appellee.