Summary
granting summary judgment for employer because employee failed to show she was entitled to intermittent FMLA leave, as required for retaliation claim under FMLA
Summary of this case from Kim v. Goldberg, Weprin, Finkel Goldstein, LLPOpinion
No. 07-12462.
April 29, 2008.
John Paul Batson, Augusta, GA, for Plaintiff-Appellant.
Kathleen Elizabeth Mones, John T. Murray, Cheryl Barnes Legare, Seyfarth Shaw LLP, Atlanta, GA, for Defendant-Appellee.
Appeal from the United States District Court for the Southern District of Georgia. D.C. Docket No. 05-00031-CV-1-LGW.
Gia Hegre appeals the district court's grant of summary judgment in favor of her employer, Beauty Systems Group (BSG), on her interference and retaliation claims brought under the Family and Medical Leave Act (FMLA). We have carefully reviewed the record and the district court's opinion, and after considering oral arguments, we affirm the judgment.
The district court did not err in concluding Hegre was an ineligible employee under the FMLA and in granting summary judgment on that ground. Hegre's equitable estoppel argument, raised for the first time on appeal, does not change this conclusion.
AFFIRMED.