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Date: 12-06-2023

Case Style:

Heather McGlone v. Evans Distribution Systems, Inc.

Case Number: 2:23-cv-11006

Judge: Laurie J. Michelson

Court: United States District Court for the Eastern District of Michigan (Wayne County)

Plaintiff's Attorney:



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Defendant's Attorney: Jason Benjamin Brown, Matthew Wise

Description: Detroit, Michigan employment law 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 in the United States that entitles eligible employees to take unpaid, job-protected leave for certain family and medical reasons. Here's a breakdown of the key points:

Eligibility:

To be eligible for FMLA leave, you must be:
An employee of a covered employer. This includes most public and private employers with 50 or more employees within 75 miles of the employee's worksite.
Employed by the same employer for at least 12 months.
Worked at least 1,250 hours during the preceding 12 months.

Leave Types:

There are two main types of FMLA leave:
Unpaid leave: This allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for one or more of the following reasons:
Birth or adoption of a child: This includes time for childbirth, bonding with a newborn or adopted child, and placing a child for adoption.
To care for a sick immediate family member: This includes a spouse, child, parent, or sibling.
For a serious health condition: This includes a condition that makes you unable to work or that requires continuous treatment.
Military caregiver leave: This allows qualified employees to take up to 26 weeks of unpaid leave to care for a covered servicemember with a serious injury or illness.
Paid leave: Some employers may offer paid leave that can be used in conjunction with FMLA leave. It's important to check your employer's specific policies.

Key Provisions:

Job protection: While on FMLA leave, you are entitled to be reinstated to your original job or an equivalent position with the same pay, benefits, and other terms of employment.
Health insurance: Your employer is required to continue your group health insurance coverage while you are on FMLA leave.
Confidentiality: Your employer is prohibited from disclosing any information about your FMLA leave without your consent.

How to Apply:

To apply for FMLA leave, you must provide your employer with written notice at least 30 days in advance, if possible. However, there are exceptions for unexpected situations such as a sudden illness or birth.
You will need to complete a FMLA medical certification form if you are taking leave for a serious health condition.

Enforcement:

The U.S. Department of Labor enforces the FMLA. You can file a complaint with the DOL if you believe your employer has violated your FMLA rights.

Additional Resources:

U.S. Department of Labor - Family and Medical Leave Act: https://www.dol.gov/agencies/whd/fmla
FindLaw - The Family and Medical Leave Act: https://www.findlaw.com/employment/family-medical-leave/family-and-medical-leave-act.html"

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Outcome: STIPULATED ORDER DISMISSING CASE. Signed by District Judge Laurie J. Michelson. (EPar) (Entered: 12/06/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments:



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