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BRITTON v. OFFICE OF COMPLIANCE

No. 04-6004.

412 F.3d 1324 (2005)

Sherry M. BRITTON, Petitioner, v. OFFICE OF COMPLIANCE, Respondent, and Office Of Architect Of The Capitol, Respondent.

United States Court of Appeals, Federal Circuit.

June 17, 2005.

Attorney(s) appearing for the Case

Jeffrey H. Leib, Attorney At Law, of Washington, DC, argued for petitioner.

Eilin Chiang, Attorney, Office of Compliance, of Washington, DC, argued for respondent Office of Compliance. With her on the brief was Peter Ames Eveleth, General Counsel. Of counsel was James T. Abbott.

Dana J. Martin, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent Office of the Architect of the Capitol. With her on the brief were Peter D. Keisler, Assistant Attorney General and Marleigh D. Dover, Attorney. Of counsel was Matthew M. Collette.

Before SCHALL, LINN, and PROST, Circuit Judges.

PROST, Circuit Judge.

Sherry M. Britton petitions for review of two decisions of the Board of Directors of the Office of Compliance ("Board"), Case No. 01-AC-346 (CV,FM,RP). In the first decision, issued June 3, 2003, the Board affirmed Hearing Officer Warren R. King's July 26, 2002 dismissal of Britton's claim for wrongful denial of leave under the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601 et seq. (2000), for failure to make a timely...

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