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Gerald C. BUSHROE, Plaintiff-Appellant, v. FORD MOTOR COMPANY, INC., Defendant-Appellee

United States Court of Appeals for the Eleventh Circuit2009-02-17No. No. 08-13010
320 F. App'x 910

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Opinion

majority opinion

PER CURIAM:

After review and oral argument, the Court concludes that there are genuine issues of material fact as to whether the Plaintiff-Appellant Gerald C. Bushroe gave sufficient notice to Defendant-Appel-lee Ford Motor Company, Inc. to make it aware that his absence from work was due to a potentially qualifying reason under the Family and Medical Leave Act (“FMLA”). See Cruz v. Publix Super Mkts., Inc., 428 F.3d 1379, 1382 (11th Cir.2005) (‘“[Wjhere an employee’s need for FMLA leave is unforeseeable, the employee need only provide her employer with notice sufficient to make the employer aware that her absence is due to a potentially FMLA-qualifying reason.’ ” (quoting Gay v. Gilman Paper Co., 125 F.3d 1432, 1436 (11th Cir.1997))); 29 C.F.R. § 825.302(c) (“An employee shall provide at least verbal notice sufficient to make the employer aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.”). Accordingly, we reverse the district court’s order granting summary judgment in favor of Defendant-Appellee Ford Motor Company, Inc. and remand for further proceedings consistent with this opinion.

REVERSED AND REMANDED.