Graham v. State Farm Mutual Ins.

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
__________ ELEVENTH CIRCUIT
10/28/99
THOMAS K. KAHN
No. 98-6871 CLERK
__________
D.C. Docket No. CV-97-N-2039-S
TIA GRAHAM,
Plaintiff-Appellant,
versus
STATE FARM MUTUAL INSURANCE
COMPANY, an Illinois corporation; and
JEAN ESTES,
Defendants-Appellees.
___________
Appeal from the United States District Court
for the Northern District of Alabama
___________
(October 28, 1999)
Before BLACK and WILSON, Circuit Judges, and HILL, Senior Circuit Judge.
PER CURIAM:
The Family and Medical Leave Act, 29 U.S.C. §§ 2601– 2654 (FMLA), ensures
that employees may take up to twelve weeks of unpaid leave due to, among other
things, serious medical conditions. 29 U.S.C. § 2612(a)(1)(D). As the district court
reasoned, a plaintiff suffers no FMLA injury when she receives all the leave she
requests, and indeed is paid for most of it. Nor does she have a claim for retaliation
based on a supervisor’s memorandum warning the employee against future non-
FMLA absences.
Accordingly, the district court’s grant of summary judgment to the Defendants
is affirmed based upon the holding and the rationale contained in the district court’s
September 28, 1998, order, a copy of which is attached as Appendix A hereto.1
AFFIRMED.
1On September 30, 1998, the district court amended its order to remand
Graham’s state law claims to state court instead of dismissing them. The
amendment does not affect the basis for our affirmance.
2