Judge Hurd
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=118618
PLAINTIFF worked as a custodian for defendant school district between 1995 and 2005. She was repeatedly absent due to her own ailments and those of her foster children. A March 5, 2003, letter by plaintiff’s supervisor stated that a Feb. 25 letter was a written reprimand for her excessive absenteeism. On May 19, 2003, plaintiff was suspended for failing to provide a doctor’s note. The notifying letter explained that continued absenteeism could lead to termination. Plaintiff was fired on Nov. 4, 2005. The court summarily dismissed her March 5, 2007, claims of contract breach and violation of New York Civil Service Law §75. Plaintiff’s claims that defendant interfered with her Family Medical Leave Act (FMLA) rights as a result of her termination, and as a result of its failure to advise her of her FMLA rights, survived. Statements by plaintiff’s supervisor provided an evidentiary basis to infer that defendant was made aware—on several occasions—that plaintiff and her foster children suffered from serious medical conditions. Also, issues existed whether plaintiff provided defendant employer adequate notice of her need for FMLA-protected leave as soon as was practicable.