Strickland v. Water Works & Sewer Board of Birmingham

TJOFLAT, Circuit Judge:

This is a Family and Medical Leave Act (“FMLA”) case, 29 U.S.C. §§ 2601-2654 (1994). 1 The plaintiff claims that his employer terminated his employment after he left the job site because he was suffering a diabetic attack and could not perform the tasks assigned him, that such condition qualified him for FMLA leave, and that he is entitled to reinstatement and damages. On summary judgment, the district court held that the FMLA provided the plaintiff no relief because, at the time of his discharge, he had not exhausted the paid sick leave provided by his employer, and…