FROM: JMT

RE: Bayne Timeline

DATE: January 12, 1999

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1984 Bayne began work for WCG&E as a Transmission System Analyst's Assistant. Eventually moved through the ranks to become Control Center Operator. Now is 36 years old, single.

1996 WCG&E in process of converting its company to a hybrid company.

January 1996 WCG&E imposed a new, strict policy providing that employment would be terminated for any employee that was absent when he or she had exhausted accumulated vacation, holiday and sick leave.

March 1996 Bayne's mother was diagnosed with end-stage pancreatic cancer.

March 1996 Bayne requested and was granted, leave from WCG&E for six weeks to assist with her care. This leave time came out of his accumulated leave time and was paid time off. Bayne's mother died during this six weeks.

October 1996 (late) Bayne's father was also diagnosed with pancreatic cancer, although not end-stage.

November 18, 1996 Bayne was called at work by the San Jose police and told that there had been a shooting at his house involving his father, and that his father was in a coma and being taken to the hospital. After informing his supervisor that he needed time off to "deal with all of this", Bayne left work.

November 22, 1996 Bayne's father died after being in a coma for a few days.

Nov 23 - Dec 8 1996 Bayne made funeral arrangements and dealt with relatives who had traveled from Louisiana for the funeral. During this time, he also put his house up for sale, because he could not bring himself to live there anymore. He also began to sort through his and his father's business and found that his father had really "let it go" since his mother's death.

December 9, 1996 Bayne received a letter from WCG&E which conveyed the company's condolences for his loss. The letter also informed Bayne that since he had exhausted all of his accumulated paid time off in March and April of that year and had none remaining, he was eligible for unpaid Family and Medical Leave Act ("FMLA") leave if he provided medical certification of a serious health condition. The letter also stated that if Bayne did not provide this medical certification, his employment with WCG&E would be terminated.

December 10, 1996 Bayne met with Dr. Roberta France, a psychiatrist with his health maintenance organization.

December 11, 1996 Bayne provided to WCG&E Dr. France's note regarding his diagnosis.

rest of December Bayne also went to see Dr. France twice a week to talk through his grief process.

January 6, 1997 Bayne returned to work.

January 7, 1997 Bayne returned to his job at WCG&E on and found a note on his time-card to report to the Human Resources Department.

March 1997 Bayne filed a lawsuit against WCG&E in the US District Court for Northern California claiming that the termination of his employment in January 1997 was a violation of the FMLA.

later The district court found that Bayne's first two weeks following his father's death (November 23 - December 8) were covered by the FMLA. The district court still rejected Bayne's FMLA claim because it found that the remaining period (December 9, 1996 - January 5, 1997) was not covered by the FMLA. The court therefore entered judgment for WCG&E.

later United States Court of Appeals for the Ninth Circuit affirmed the ruling of the district court and Bayne was granted the Petition by the USSC and issued a Writ of Certiorari.

1998 New unregulated market would open up.