Ryan Buckman v. MCI World Com Inc.

MEMORANDUM

Ryan Buckman appeals the district court’s grant of summary judgment in favor of MCI on his claims that MCI wrongfully terminated him in violation of the Family Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”). He also argues that the district court erred by failing to appoint counsel for him and failing to give him adequate notice under Federal Rule of Civil Procedure 56. We affirm.

Under the FMLA, employees may take up to twelve weeks of time off for medical reasons, 29 U.S.C. § 2612 (a), and it is unlawful for an employer to “interfere with, restrain, or deny the exercise of or the attempt to exercise” this right to take approved leave, id. § 2615(a)(1). Buck-man argues that MCI terminated him in part because he took FMLA leave. The regulations interpreting the FMLA state that an “employer may require an employee to comply with the employer’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances.” 29 C.F.R. § 825.302 (d). Here, it is undisputed that MCI’s attendance policy required employees to call in before their shift if they were going to be absent or tardy. Buckman concedes that on…