Russell
Russell v. United States Department of the Army
Opinion
Lead Opinion
Scannlain, J.
We must decide whether federal employees covered by Title II of the Family and Medical Leave Act may bring suit for violations of its provisions.
I
From March 1989 to March 1992, Theresa Russell worked at the Army Directorate of Engineering and Housing in Hanau, Germany as a federal civil service employee. Upon her husband’s reassignment from Germany to Fort Lewis, Washington, Russell left her position at the Directorate to return to the United States and was placed on leave without pay because of her pregnancy. Following her return stateside and the birth of her son, Russell commenced work in June 1993 as an engineer technician for the Army Corps of Engineers, Seattle district.
From September to November, 1993, Russell’s son Tajah suffered from asthma due to severe upper respiratory infections, and Russell was repeatedly absent from work because of her son’s unexpected complications that required hospital visits. Russell sought information from her superiors at the Corps regarding her rights to leave time under the Family and Medical Leave Act (“FMLA”), but allegedly was not provided with that information. Russell sought retroactive leave for her absences, which was denied,…