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01-1723 Lewis v. Holsum of Fort Wayne Inc.
By: dmc-admin//February 4, 2002//
Listen to this article“In [Gilliam v. UPS, 233 F.3d 969 (7th Cir. 2000)], we explained that the FMLA does not ‘authorize employees on leave to keep their employers in the dark about when they will return.’… Not only did Lewis indicate at her deposition that during that time period she had access to a telephone, but also, Mack was working at Holsum as scheduled and could have notified Holsum of Lewis’ need to be absent from work. Thus, it was not impossible for Lewis to notify Holsum. Similar to Gilliam’s discharge, Lewis’ discharge does not violate the FMLA.”
Affirmed.
Appeal from the United States District Court for the Northern District of Indiana, Lee, J., Kanne, J.
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