Stephanie Ford v. Christiana Care Heal, (3rd Cir. 2009)
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 08-2546
STEPHANIE LYNN FORD,
Appellant
v.
CHRISTIANA CARE HEALTH SYSTEMS;
RICHARD BURTON; CLARA CLARK
No. 08-2547
STEPHANIE LYNN FORD,
Appellant
v.
CHRISTIANA CARE HEALTH SYSTEMS
On Appeal from the United States District Court
for the District of Delaware
(D.C. Civil Action Nos. 06-cv-00301 and 07-cv-00529)
Magistrate Judge: Honorable Mary Pat Thynge
Submitted Pursuant to Third Circuit LAR 34.1(a)
January 13, 2009
Before: BARRY, SMITH and GARTH, Circuit Judges
Opinion filed: January 14, 2009
OPINION PER CURIAM Stephanie L. Ford appeals from the order of the United States District Court for the District of Delaware1 granting summary judgment in favor of the defendants. We will affirm.
Because the parties are familiar with the history and facts of the case, we will recount the events in summary fashion. Ford was an employee of Christiana Care Health Systems ("CCH") for more than sixteen years; her last job there was as a "Clerk 03" in the radiology department. On October 28, 2003, Ford took a medical leave of absence to recover from injuries she suffered in an automobile accident. On November 11, 2003, she requested her leave be designated under the Family and Medical Leave Act ("FMLA"), which CCH approved retroactive to October 28, 2003.
Ford signed an FMLA form that notified her that her job (or an equivalent job) was guaranteed only up to twelve weeks of leave. After twelve weeks, CCH would assist the employee in identifying and applying for other available positions, but there was no employment guarantee. Under CCH's leave policy, if an employee is unable to return within twenty-four weeks, the employee is removed from payroll. Ford was given notice 1 The parties entered into a stipulation under 28U.S.C.
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