U.S. Court of Appeals for the Eleventh Circuit, 2009

Gerald C. Bushroe v. Ford Motor Company, Inc.

Gerald C. Bushroe v. Ford Motor Company, Inc.
U.S. Court of Appeals for the Eleventh Circuit · Decided February 17, 2009 · Birch, Hull, Fay
320 F. App'x 910

Gerald C. Bushroe v. Ford Motor Company, Inc.

Opinion

PER CURIAM:

After review and oral argument, the Court concludes that there are genuine issues of material fact as to whether the Plaintiff-Appellant Gerald C. Bushroe gave sufficient notice to Defendant-Appel-lee Ford Motor Company, Inc. to make it aware that his absence from work was due to a potentially qualifying reason under the Family and Medical Leave Act (“FMLA”). See Cruz v. Publix Super Mkts., Inc., 428 F.3d 1379, 1382 (11th Cir. 2005) (‘“[Wjhere an employee’s need for FMLA leave is unforeseeable, the employee need only provide her employer with notice sufficient to make the employer aware that her absence is due to a potentially FMLA-qualifying reason.’ ” (quoting Gay v. Gilman Paper Co., 125 F.3d 1432, 1436 (11th Cir. 1997))); 29 C.F.R. § 825.302(c) (“An employee shall provide at least verbal notice sufficient to make the employer aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.”). Accordingly, we reverse the district court’s order granting summary judgment in favor of Defendant-Appellee Ford Motor Company, Inc. and remand for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

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