September 19, 2007
OPINION - FOR PUBLICATION
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.
Whiteside presents one issue for review, which we restate as whether the denial of
her claim for unemployment benefits was contrary to Indiana law.
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.