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Maria Lucia Tayag v. Lahey Clinic Hospital, Inc

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Before Lynch, Chief Judge, Boudin and Howard, Circuit Judges.

BOUDIN, Circuit Judge. Maria Lucia Tayag (“Tayag”) was terminated by her employer, Lahey Clinic Hospital, Inc. (“Lahey”), while taking an unapproved seven-week leave to accompany her husband, Rhomeo Tayag (“Rhomeo”), on a spiritual healing trip. The district court denied her claims against Lahey on summary judgment, including one under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. __ 2601-2654 (2006), and she now seeks review.

The pertinent background events are largely not in dispute. Rhomeo suffers from serious medical conditions, including gout, chronic liver and heart disease, rheumatoid arthritis, and kidney problems that led to a transplant in 2000. Tayag has looked after him: transporting him to medical appointments, helping him with household activities, preparing his food, aiding him in moving around the house, providing medication, and giving psychological comfort.

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