LATELLA v. NATIONAL PASSENGER R.R. CORP.

No. Civ. 3:99CV816(PCD).

94 F.Supp.2d 186 (1999)

Paul A. LATELLA, Plaintiff, v. NATIONAL PASSENGER RAILROAD CORPORATION ("AMTRAK") and the International Brotherhood of Maintenance of Way Employees, Local 90 and Local 1718, Defendants.

United States District Court, D. Connecticut.

November 15, 1999.


Attorney(s) appearing for the Case

Joseph S. Dey, III, Edmund Q. Collier, Dey, Smith & Collier, Milford, Connecticut, for plaintiff.

Cathleen Ann Giannetta, Karen Irene Greenberger, Rory Eric Jurman, Landman, Corsi, Ballaine & Ford, New York City, for defendant, National Passenger Railroad Corporation.

Leon M. Rosenblatt, West Hartford, Connecticut, for defendant, International Brotherhood of Maintenance of Way Employees, Local 90 and Local 1718.


RULING ON MOTION TO DISMISS

DORSEY, Senior District Judge.

Plaintiff brought this action against his former employer, alleging that his termination for excessive absenteeism violates his rights under the Family and Medical Leave Act of 1993 (the "Act" or "FMLA"), 29 U.S.C. § 2601 et seq. Plaintiff claims that certain absences from employment in January and February 1999 constituted "leave" under the FMLA and should not have counted against...

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