Tracy M. BARNES, Plaintiff-Appellant, v. ETHAN ALLEN, INC., a foreign corporation, Defendant-Appellee, 149 F. App'x 845

PER CURIAM: Tracy M. Barnes appeals the judgment of the district court, arguing that it was error for the court to grant Ethan Allen, Inc.’s motion for

summary judgment. We agree with the district court that the doctor’s note provided to Barnes on January 14, 2004, does not qualify as a proper “fitness-for-duty certificate” under the Family and Medical Leave Act (“FMLA”) regulations. See 29 C.F.R. § 825.311. Barnes’s brief, construed liberally, arguably contends that Ethan Allen waived any right to a fitness-for-duty certificate. Implicit in this argument is a contention that Barnes could have furnished such a certificate if asked. The record, however, refutes this contention. The letter from Dr.

Marchi submitted to Ethan Allen on March 23, 2004, states that Barnes was incapacitated and unable to work until March 23, 2004 — a date well beyond the expiration of her twelve weeks of FMLA leave. AFFIRMED.