No FMLA claim for

Machine Operator

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Did Not Receive Treatment

During Absence: Seventh Circuit 

            Robert Jones, an employee in an Indiana Factory, had periodic leg and back pain and anxiety. When he missed work to see a doctor about his condition, C&D Technologies fired him. He insisted he had called in; C&D disagreed, claiming no record of voicemail.

             Jones sued under the Family Medical Leave Act, alleging interference under §2615(a)(1) of the Act. He claimed he had a serious health condition, based on his doctor’s care on the date of the doctor’s visit. But the Seventh Court upheld summary judgment in C&D’s favor. When he went to the doctor’s office, he confirmed with the doctor’s staff that it was transferring his chart to a clinic, and obtained prescriptions for pain killers. He never actually saw the doctor for care but instead chatted with him in the building lobby.

             “The entirety of Jones’s interaction with Dr. Lubak consisted of the physician’s acquiescence to refill a prescription. There is simply no evidence that Jones was examined, and therefore treated, that morning,” the court stated. Jones did not receive treatment that required him to be absent from work, for purposes of the Act. So he lost his appeal.           

Robert Jones v. C & D Technologies, Inc., __F3rd__, No. 11-3400 (7th Circuit June 28, 2012).

 

7/9/12