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WALKER v. ELMORE COUNTY BD. OF EDUC.

No. 02-16509.

379 F.3d 1249 (2004)

Brandi Hare WALKER, Plaintiff-Appellant, v. ELMORE COUNTY BOARD OF EDUCATION, Defendant-Appellee, Gwendolyn Dixon, in her individual and official capacity, Robert P. Murchison, in his individual and official capacity, Defendants.

United States Court of Appeals, Eleventh Circuit.

August 5, 2004.

Attorney(s) appearing for the Case

Lauren J. McGarity, John Miller West, Bredhoff & Kaiser, P.L.L.C., Washington, DC, Terrie Scott Biggs, Montgomery, AL, for Walker.

G. Houston Howard, II, Howard, Dunn, Howard & Howard, Wetumpka, AL, for Defendant-Appellee.

Before TJOFLAT, BARKETT and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

The Family and Medical Leave Act of 1993, Pub.L. No. 103-3, 107 Stat. 6, codified at 29 U.S.C. §§ 2601-54 (the "FMLA" or "Act"), requires "employers"1 to provide "eligible" employees with up to twelve weeks of unpaid leave to care for a newborn child. 29 U.S.C. § 2612. An eligible employee is an employee who has worked for the employer for twelve months and for at least 1,250 hours in the preceding...

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