CASE SUMMARY $11\mathrm{.}6$ Sullivan v$.$ U$.$S$.$ Postal Service, No$.2011-3220,464$ F$.$ App'x $895($Fed$.$ Cir. $2012)$

FAMILY AND MEDICAL LEAVE ACT

Sullivan was employed by the USPS. In January $2009,$ he requested leave under the Family and Medical Leave Act $($FMLA$).$ In support of his request, he submitted a physician's certification that he suffered from frequent and painful attacks of gout in his feet and ankles that would require his absence from work for $5$ to $10$ days tery month in $2009.$ A USPS committee, including the FMLA coordinator, reviewed the certification and

decided to exercise the agency's right to obtain a second medical opinion. Sullivan was sent a letter notifying him that he was required to obtain the second medical evaluation. He was told when and where to report for the examination and advised that failure to appear could result in the denial of his FMLA request. Sullivan did not report for the examination. USPS informed Sullivan that his failure to appear was considered a failure to act in good faith but gave him an opportunity to explain his

CHAPTER ELEVEN $|$ Employment Relationships and Labor Law $403$