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.