United States Seventh Circuit

In a suit alleging retaliatory discharge for filing a workers' compensation claim, summary judgment for defendant-employer is affirmed where: 1) plaintiff's employer correctly counted his extended work absence as FMLA leave; 2) under Illinois law, an employee may be terminated for excessive absenteeism even if the absence is due to a work-related injury covered by workers' compensation; and 3) an employer may run FMLA leave concurrently with workers' compensation with adequate notice, which the defendant provided.

Appellate Information

• Argued 11/26/2007
• Decided 03/21/2008
• Published 03/21/2008

Judges

• ROVNER, Circuit Judge., Before BAUER, ROVNER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Paula M. Newcomb (argued), Benton, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Paul R. Lynch (argued), Craig & Craig, Mt. Vernon, IL, for Defendant-Appellee.