Friday, January 11, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In Darst, Trustee v. Interstate Brands Corp. (SD Ind., Judge Tinder), a 17-page opinion, Chief Judge Rovner writes:
Krzysztof Chalimoniuk worked for Interstate Brands Corporation (“IBC”), a manufacturer of baked goods, for fifteen years before he was terminated for excessive absenteeism. Chalimoniuk is an alcoholic and he sought treatment for that condition in his final days at IBC. He requested leave under the Family and Medical Leave Act (“FMLA”) for an absence extending from July 29, 2000 to August 14, 2000. From August 4 through August 11, he was hospitalized for treatment for alcohol dependence and acute withdrawal syndrome. On August 15, when he returned to work, he was terminated for absenteeism. The district court agreed with IBC that Chalimoniuk could not show he was entitled to FMLA leave for July 31, August 2 and August 3, all days that he was scheduled to work. His absences for those three days, combined with absences he had accumulated earlier, put him over the limit for absenteeism under IBC’s attendance policy. Because he lacks evidence establishing his entitlement to FMLA leave for those three days, we affirm.
Posted by Marcia Oddi on January 11, 2008 12:11 PM
Posted to Ind. (7th Cir.) Decisions