H. Charles Tellis v. Alaska Airlines, Inc.

H. Charles Tellis appeals the district court’s summary judgment in favor of Alaska Airlines on his Family Medical Leave Act (“FMLA”) claim, 29 U.S.C. §'2601 et seq. Tellis argues he raised a genuine issue of material fact as to whether his cross-country trip to retrieve the family vehicle during his wife’s late-stage pregnancy difficulties, and his calling her on the phone during the three and a half days he was away, were “to care for” his wife under the FMLA and thus a protected absence from -his' employment. We conclude as a matter of law that Tellis.’s trip and phone calls were npt “to- care for” his wife. Thus, his absence from work during that time was not protected by the FMLA, and we affirm the district court’s summary judgment in favor of Alaska Airlines.

I

Alaska Airlines employed Tellis in Seattle as a maintenance mechanic. His wife was having difficulties with her pregnancy, so on the morning of July 4, 2000, he told his supervisor he needed to take a couple of weeks off. His supervisor suggested he take FMLA leave and directed him to the Health Benefits office to obtain the neces-. sary forms. Instead of showing up for his scheduled shift that evening, Tellis left a…