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September 19, 2007

OPINION - FOR PUBLICATION

BARNES, Judge

Case Summary

Mildred Whiteside appeals the decision of the Review Board of the Indiana

Department of Workforce Development (“Review Board”) denying her claim for

unemployment benefits. We affirm.

Issue

Whiteside presents one issue for review, which we restate as whether the denial of

her claim for unemployment benefits was contrary to Indiana law.

Facts

Whiteside began her career with the Indiana Division of Family and Children

Services on December 17, 1979. She was a full time employee and voluntarily left her

employment on September 25, 2006. Whiteside left her employment to provide care to

her adult son, who is quadriplegic. Prior to leaving, Whiteside requested and was denied

family medical leave pursuant to the Family and Medical Leave Act (“FMLA”).1

Whiteside was not eligible for this leave because she had not worked the requisite 1250

hours in the previous twelve months. Whiteside had previously utilized FMLA leave to

assist in her son’s rehabilitation.

1 The FMLA requires covered employers to provide up to twelve weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, including health conditions of children. See generally 29 U.S.C. § 2611.

2

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