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Opinion of the Court
Justice Kennedy delivered the opinion of the Court.
Qualifying employees are guaranteed 12 weeks of unpaid leave each year by the Family and Medical Leave Act of 1993 (FMLA or Act), 107 Stat. 6, as amended, 29 U. S. C. § 2601 et seq. (1994 ed. and Supp. V). The Act encourages businesses to adopt more generous policies, and many employers have done so. Respondent Wolverine World Wide, Inc., for example, granted petitioner Tracy Ragsdale 30 weeks of leave when cancer kept her out of work in 1996. Ragsdale nevertheless brought suit under the FMLA. She alleged that because Wolverine was in technical violation of certain Labor Department regulations, she was entitled to more leave.
One of these regulations, 29 CFR § 825.700(a) (2001), did support Ragsdale's claim. It required the company to grant her 12 more weeks of leave because it had not informed her that the 30-week absence would count against her FMLA entitlement. We hold that the regulation is contrary to the Act and beyond the Secretary of Labor's authority. Rags-dale was entitled to no more leave, and Wolverine was entitled to summary judgment.
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Ragsdale began working at a Wolverine factory in 1995, but in the following year she was diagnosed with Hodgkin's disease. Her prescribed treatment involved surgery and months of radiation therapy. Though unable to work during this time, she was eligible for seven months of unpaid sick leave under Wolverine's leave plan. Ragsdale requested
Gold; and for the National Employment Lawyers Association et al. by Ronald B. Schwartz and Paula A. Brantner.
Ann Elizabeth Reesman, Daniel V. Yager, Stephen A. Bokat, Robin S. Conrad, and Heather L. MacDougall filed a brief for the Equal Employment Advisory Council et al. as amici curiae urging affirmance.
Jack Whitacre filed a brief for Human Resource Management as amicus curiae.
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