Kevin Sterling v. City of New Roads

U.S. Court of Appeals for the Fifth Circuit
Kevin Sterling v. City of New Roads, 384 F. App'x 337 (5th Cir. 2010)

Kevin Sterling v. City of New Roads

Opinion

PER CURIAM: *

The judgment of the district court is affirmed for this reason:

*338 Mr. Sterling took leave from his employment with the City of New Roads pursuant to the Family Medical Leave Act. When his leave expired, Mr. Sterling did not furnish his employer with certification that he was able to resume work. Mr. Sterling’s failure to provide the City with certification of his fitness for duty bars his action claiming entitlement to reinstatement under 29 U.S.C. § 2614(a). The district court correctly rendered judgment to this effect.

Mr. Sterling admitted in his deposition that he received notice advising him of his rights and obligations under COBRA. He deliberately elected not to continue COBRA coverage. No reasonable jury could conclude that Mr. Sterling received no communication from the City. The district court correctly rendered judgment that Mr. Sterling’s claim regarding COBRA is meritless.

Judgment AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Kevin STERLING, Plaintiff-Appellant v. CITY OF NEW ROADS; Columbia Casualty Company, Defendants-Appellees
Status
Unpublished