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JONES v. DENVER PUBLIC SCHOOLS

No. 04-1447.

427 F.3d 1315 (2005)

Mark R. JONES, Plaintiff-Appellant, v. DENVER PUBLIC SCHOOLS, a Colorado school district; Jerry L. Brinkley, individually; Bud Bullard, individually; Jerry Wartgow, individually and in his official capacity as Superintendent of the Denver Public Schools, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 2, 2005.

Attorney(s) appearing for the Case

James P. Rouse (Brett A. McDaniel with him on the briefs) Rouse & Associates, P.C., Greenwood Village, CO, for Plaintiff-Appellant.

Erica L. White (Patrick B. Mooney with her on the brief) Semple, Miller, Mooney & Farrington, P.C., Denver, CO, for Defendants-Appellees.

Before TACHA, Chief Circuit Judge, EBEL and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

The Family and Medical Leave Act ("FMLA") entitles eligible employees to up to twelve weeks of medical leave each year "[b]ecause of a serious health condition that makes the employee unable to perform the functions of the position of such employee." 29 U.S.C. § 2612(a)(1)(D). The principal issue in this case is the meaning of that phrase, in light of regulations issued by the Department of...

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