Employee Who Offered No Evidence Work Absences Were For Alcoholism Treatment Was Not Entitled To FMLA Leave
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.
Chalimoniuk brought suit against IBS, alleging his discharge constituted a wrongful denial of FMLA leave. The trial court granted IBC’s motion for summary judgment, finding 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 Chalimoniuk offered no evidence that he was in an alcohol treatment program during the dates in question that would have entitled him to FMLA leave, the 7th Circuit affirmed.
Darst v. Interstate Brands Corporation
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.