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Whitaker v. Bosch Braking Systems Division

United States District Court for the Western District of Michigan

180 F. Supp. 2d 922 (2001)

Facts

Tami Whitaker (plaintiff) was employed by Bosch Braking Systems Division (Bosch) (defendant) in a position that involved constant standing. While pregnant, Whitaker sought leave from working overtime because her doctor was concerned that spending too much time on her feet would put her at risk of hypertension and premature delivery. Whitaker gave Bosch a note from her doctor stating that Whitaker should not work more than eight hours per day and 40 hours per week. At Bosch’s request, Whitaker also submitted an application for family leave of absence and a certification of healthcare provider. The certification, signed by Whitaker’s physician, reiterated the eight-hours-per-day and 40-hours-per-week limitations and described Whitaker’s pregnancy as normal. Bosch denied Whitaker’s request for leave. Whitaker then refused to work overtime, and Bosch told her that she would have to take short-term disability leave if she did not get a doctor’s note authorizing her to work overtime. Whitaker took the short-term disability leave and sued Bosch under the Family and Medical Leave Act (FMLA) for the difference between the amount she would have earned working 40 hours per week and the amount she received from short-term disability. Whitaker moved for summary judgment.

Rule of Law

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Issue

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Holding and Reasoning (Quist, J.)

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