United States Seventh Circuit

In plaintiff's suit against her former employer under the Family and Medical Leave Act, 29 U.S.C. section 2601, district court's grant of summary judgment in favor of the employer is affirmed where: 1) plaintiff's claim that she is entitled to toll the 12-month period for the 56 days during that period in which she was on FMLA leave is rejected as there is no basis for such a contortion of the statute; and 2) plaintiff's argument that the defendant retaliated against her for taking FMLA leave fails as defendant's no-fault attendance policy is a lawful method of determining whether an employee has a sufficiently strong commitment to working for his employer to wipe an absence off his record, and plaintiff has failed to demonstrate that commitment.

Appellate Information

• Decided 04/02/2010
• Published 04/02/2010

Judges

• POSNER, Circuit Judge., Before POSNER, MANION, and HAMILTON, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michelle L. Bailey (submitted), Akron, IN, pro se.


• For Appellees:
  
• Erin Dougherty Foley (submitted), Seyfarth Shaw LLP, Chicago, IL, for Defendant-Appellee.