United States Federal Circuit

Dismissal of plaintiff's claim for wrongful denial of leave under the Family Medical Leave Act is affirmed where the claim is procedurally barred since plaintiff failed to make a timely request for counseling.

Appellate Information

• Decided 06/17/2005
• Published 06/17/2005

Judges

• PROST, Circuit Judge., Before SCHALL, LINN, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey H. Leib, Attorney At Law, of Washington, DC, argued for petitioner.


• For Appellees:
  
• Eilin Chiang, Attorney, Office of Compliance, of Washington, DC, argued for respondent Office of Compliance.   With her on the brief was Peter Ames Eveleth, General Counsel.   Of counsel was James T. Abbott., Dana J. Martin, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent Office of the Architect of the Capitol.   With her on the brief were Peter D. Keisler, Assistant Attorney General and Marleigh D. Dover, Attorney.   Of counsel was Matthew M. Collette.