CASE SUMMARY $11\mathrm{.}6$

Sullivan v$.$ U$.$S$.$ Postal Service, No$.20113220,464$ 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 every 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