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Dillon v. Maryland-National Capital Park & Planning Commission

382 F. Supp. 2d 777 (2005)

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Dillon v. Maryland-National Capital Park & Planning Commission

United States District Court for the District of Maryland
382 F. Supp. 2d 777 (2005)

Facts

Cynthia Dillon (plaintiff) worked for Maryland-National Capital Park and Planning Commission (the commission) (defendant). When Dillon’s grandmother became ill, Dillon requested permission to take leave under the Family and Medical Leave Act (FMLA) to care for her. Dillon explained that her grandmother had essentially raised her as a child. The commission denied Dillon’s leave request and subsequently terminated Dillon when she was absent without approved leave. Dillon sued the commission, arguing that she was unlawfully terminated in violation of the FMLA. The commission contended that the FMLA did not apply because Dillon’s leave request was not to care for a parent or someone she had shown stood in loco parentis. Both parties moved for summary judgment. Dillion submitted a declaration asserting that her grandmother stood in loco parentis when she was a child. The declaration said that Dillon and her teenage mother lived with the grandmother during Dillon’s childhood, that Dillon had relied on the grandmother for emotional and financial support, and that Dillon was closer to the grandmother than her mother. The district court considered the parties’ arguments.

Rule of Law

Issue

Holding and Reasoning (Chasanow, J.)

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