Defendant's Attorney: Christine M. Constantino and Raymond C. Baldwin

Description: Washington, DC civil rights lawyer represented the Plaintiff who sued the Defendant on a Family and Medical Leave Act violation theory.

"The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. The FMLA also requires that employers maintain employees' group health insurance coverage during FMLA leave.

Eligibility

To be eligible for FMLA leave, an employee must:

Have worked for the employer for at least 12 months;
Have worked at least 1,250 hours during the 12-month period preceding the leave; and
Be employed at a worksite where the employer has 50 or more employees within 75 miles.

Reasons for leave

Employees may take FMLA leave for the following reasons:

For the birth and care of the newborn child of an employee;
For placement with the employee of a child for adoption or foster care;
In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition; or
To take medical leave when the employee is unable to work because of a serious health condition.

Serious health condition

A serious health condition is a condition that:

Requires inpatient care in a hospital, hospice, or residential medical care facility;
Requires continuing treatment by a health care provider; or
Incapacitates an employee for more than three consecutive calendar days and requires ongoing medical treatment or supervision by a health care provider.

Leave benefits

During FMLA leave, employees are entitled to:

Unpaid leave;
Continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave; and
Restoration to their previous position or an equivalent position upon their return from leave.

Notice requirements

Employees must provide their employer with 30 days' notice of their intent to take FMLA leave, unless the leave is unforeseeable. If the leave is unforeseeable, employees must provide their employer with notice as soon as practicable.

Employer obligations

Employers are required to:

Grant eligible employees FMLA leave;
Maintain employees' group health insurance coverage during FMLA leave; and
Restore employees to their previous position or an equivalent position upon their return from leave.

Enforcement

Employees who believe that their employer has violated the FMLA may file a complaint with the U.S. Department of Labor. The Department of Labor may investigate the complaint and take enforcement action, such as filing a lawsuit against the employer. Employees may also file a lawsuit against their employer in federal court."

Google Bard

Outcome: 10/13/2023 39 BILL OF COSTS by GEORGE WASHINGTON UNIVERSITY. Objection to Bill of Costs due by 10/30/2023. (Costantino, Christine) (Entered: 10/13/2023)

Plaintiff's Experts:

Defendant's Experts:

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