Fiatoa

MEMORANDUM **

Liva Fiatoa (“Fiatoa”) appeals the district court’s grant of summary judgment against her Family Medical Leave Act (“FMLA”) claim, 29 U.S.C. § 2612 , and the award of fees to Brigham Young University-Hawaii (“BYUH”). We have jurisdiction under 28 U.S.C. § 1291 to review *553 the district court’s grant of summary judgment. We affirm.

BYUH is entitled to summary judgment on Fiatoa’s claim that it interfered with her right to reinstatement under the FMLA because Fiatoa has no such right. 1 The FMLA grants employees twelve weeks of unpaid leave for certain medical reasons and requires employers to reinstate employees to the same or similar positions after they return from “such leave.” 29 U.S.C. §§ 2612 (a)(1) & 2614(a)(1). Fiatoa is not entitled to reinstatement because her leave lasted approximately twenty-eight weeks, which is significantly longer than the twelve weeks granted by FMLA. Regardless of whether Fiatoa was receiving state unemployment benefits, her medical leave began to run the day she invoked it.

BYUH’s failure to notify Fiatoa that she was using FMLA leave does not entitle her to reinstatement. See Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81,…