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SCALIA v. DEPT. OF TRANSP. AND PUBLIC FACILITIES

No. 19-35824.

985 F.3d 742 (2021)

Eugene SCALIA, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. State of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2021.

Attorney(s) appearing for the Case

Katherine Demarest (argued), Assistant Attorney General, Department of Law, Anchorage, Alaska, for Defendant-Appellant.

Rachel Goldberg (argued), Counsel for Appellate Litigation; Sarah K. Marcus , Deputy Associate Solicitor; Jennifer S. Brand , Associate Solicitor; Kate O'Scannlain , Solicitor of Labor; Office of the Solicitor, United States Department of Labor, Washington, D.C.; for Plaintiffs-Appellees.

Dissent by Judge Christen.

OPINION

The Family and Medical Leave Act of 1993 (FMLA) grants eligible employees "a total of 12 workweeks of leave during any 12-month period" to attend to qualifying family and medical needs. 29 U.S.C. § 2612(a)(1). We are asked to decide what the term "workweeks" means as applied to employees who work a...

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