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MUNICIPALITY OF ANCHORAGE v. GREGG

Nos. S-10722, S-10751.

101 P.3d 181 (2004)

MUNICIPALITY OF ANCHORAGE and Marc Woodward, Appellants/Cross-Appellees, v. Theresa A. (Wimer) GREGG, Appellee/Cross-Appellant.

Supreme Court of Alaska.

November 12, 2004.

Attorney(s) appearing for the Case

Linda J. Johnson, Deputy Municipal Attorney, and William A. Greene, Municipal Attorney, Anchorage, for Appellants/Cross-Appellees.

Kenneth W. Legacki, Anchorage, for Appellee/Cross-Appellant.

Jonathan P. Meier, Sirianni Youtz Meier & Spoonemore, Seattle, for Amici Curiae Northwest Women's Law Center and Alaska Network on Domestic Violence and Sexual Assault.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Theresa Gregg sued the Municipality of Anchorage and her supervisor, Sgt. Marc Woodward, for violating her right to protected leave under the Family and Medical Leave Act (FMLA). In a bench trial, the superior court found that the Municipality had violated the Act by refusing Gregg leave while she was incapacitated by a "serious health condition": the combined effect of her pregnancy, injuries...

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