George v. Associated Stationers

MEMORANDUM AND ORDER

HEMANN, United States Magistrate Judge.

This case was filed pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq. (the “Act”). Pending are cross-motions for summary judgment on the issue of liability. The legal issues raised by the parties’ motions are discrete: 1) is chicken pox a “serious illness” within the Act, and 2) is defendants’ attendance policy a violation of the Act on its face or as applied? For the reasons set forth below, plaintiffs motion for summary judgment is granted and defendant’s motion is overruled.

I

The undisputed facts are as…