United States Court of Appeals For the Seventh Circuit
Employment — FMLA — notice
An employee’s references to caring for her elderly parents is insufficient to put an employer on notice under the Family and Medical Leave Act.
“Nicholson did not put Pulte on adequate notice that she needed FMLA-qualifying leave to care for her parents. At most, she made a few casual comments to her supervisors about her parents’ ill health. Moreover, at the time the decision to terminate her employment was made, she had asked for only a single day off to attend a doctor’s appointment with her father, which her supervisor allowed. Accordingly, Nicholson has not presented sufficient evidence that Pulte interfered with her rights under the FMLA. Her retaliation claim fails for the same reasons and also because there is no evidence that Pulte imposed the performance-improvement plan or terminated her employment as punishment for taking leave.”
11-2238 Nicholson v. Pulte Homes Corp.
Appeal from the United States District Court for the Northern District of Illinois, Darrah, J., Sykes, J.