Preview:

ATTORNEYS FOR APPELLANT John P. Reed Hammond, Indiana Gregory S. Reising Gary, Indiana

ATTORNEYS FOR APPELLEE Anna M. Hearn Thomas F. Macke Valparaiso, Indiana ATTORNEY FOR AMICUS CURIAE NATIONAL EMPLOYMENT LAWYERS ASSOCIATION Tae Sture Indianapolis, Indiana

______________________________________________________________________________

Indiana Supreme Court
_________________________________ No. 45S03-0809-CV-482 GARY COMMUNITY SCHOOL CORPORATION,

In the

FILED
May 19 2009, 11:06 am
of the supreme court, court of appeals and tax court

CLERK

Appellant/Cross-Appellee (Defendant below), v. TOM POWELL, Appellee/Cross-Appellant (Plaintiff below). _________________________________ Appeal from the Lake Superior Court, No. 45D10-0306-PL-58 The Honorable John R. Pera, Judge The Honorable Thomas Webber, Sr., Judge Pro Tempore _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 45A03-0701-CV-17 _________________________________ May 19, 2009 Boehm, Justice. We hold that an employee filling multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee's total service is sufficient to qualify, even if service in either position alone does not qualify. We hold that a

front pay award for future lost wages should be discounted to its present value. We otherwise affirm the judgment of the trial court. Facts and Procedural History Tom Powell has taught math at Lew Wallace High School in Gary since 1987. From 1987 to 1999, Powell served as an assistant football coach, and in 2000, he was promoted to head football coach. Beginning in 1995, Powell also served as assistant basketball coach at Lew Wallace. For the 2001

Download Gary Community School Corporation v. Tom Powell.pdf

Indiana Law