Ballard v. Chicago Park District

741 F.3d 838 (7th Cir. 2014)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

P is a former D employee. In April 2006, P's mother, Sarah, was diagnosed with end-stage congestive heart failure and began receiving hospice support through Horizon Hospice & Palliative Care. P lived with Sarah and acted as her primary caregiver; among other things, she cooked her mother's meals, administered insulin and other medication, drained fluids from her heart, bathed and dressed her, and prepared her for bed. In 2007, Sarah and a Horizon Hospice social worker met to discuss Sarah's end-of-life goals. Sarah said that she had always wanted to take a family trip to Las Vegas. The social worker was able to secure funding from the Fairy Godmother Foundation, a nonprofit that facilitated these sorts of opportunities for terminally ill adults. The six-day trip was scheduled for January 2008. P requested unpaid leave. D denied the request. P maintains that she was not informed of the denial prior to her trip. P and her mother traveled to Las Vegas, spent time together, and participated in typical tourist activities. P continued to serve as her mother's caretaker during the trip. Several months later, D terminated P for unauthorized absences accumulated during her trip. P filed suit under the FMLA. D moved for summary judgment, arguing in part that P did not 'care for' her mother in Las Vegas because she was already providing Sarah with care at home and because the trip was not related to a continuing course of medical treatment. The district court denied the motion, explaining that 'so long as the employee provides 'care' to the family member, where the care takes place has no bearing on whether the employee receives FMLA protections.' D appealed.

Issues

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Holding & Decision

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Legal Analysis

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