Novak v. MetroHealth Medical Center ( 2007 )

MERRITT, Circuit Judge,

concurring.

I concur in all of the sections of Judge Batchelder’s opinion, except for Section II. A.2, concerning the plaintiffs eligibility for medical leave for caring for her daughter. I agree with the analysis of the First Circuit in Navarro v. Pfizer Corp., 261 F.3d 90 (1st Cir.2001). I agree with the First Circuit’s opinion on this subject, but I agree with Judge Batchelder that, even so, the plaintiff in the instant case does not meet the First Circuit standard. There is no showing that the depression of the plaintiffs daughter was of such duration or severity that it would allow the plaintiff medical leave for caring for her. The plaintiff made out a haphazard sort of case that does not show a serious medical emergency.