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Case Number: 1:22-cv-00812
Judge: Trevor N. McFadden
Court: United States District Court for the District of Columbia (Washington County)
Defendant's Attorney: Christine M. Costantino and Raymond C. Baldwin
Description: Washington, DC employment law lawyer represented the Plaintiff who sued the Defendant on a Family 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 their group health benefits be maintained during the leave.
Eligible employees are those who have worked for their employer for at least 12 months and 1,250 hours during the previous 12-month period.
Qualifying reasons for FMLA leave include:
The birth of a child and to care for the newborn child within one year of birth;
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
To take medical leave when the employee is unable to work because of a serious health condition.
Employees must notify their employer of their need for FMLA leave at least 30 days in advance, unless this is not possible due to circumstances beyond the employee's control.
Employers are required to provide FMLA leave to eligible employees who have a qualifying reason. Employers are also required to maintain the employee's group health benefits during the leave.
Employees who return from FMLA leave must be restored to their previous position or an equivalent position.
Employees who believe their FMLA rights have been violated may file a complaint with the U.S. Department of Labor's Wage and Hour Division.
Here are some examples of FMLA leave:
A new mother takes 12 weeks of leave to care for her newborn child.
An employee takes 6 weeks of leave to recover from surgery.
An employee takes 8 weeks of leave to care for their elderly parent who has been diagnosed with cancer.
An employee takes 12 weeks of leave to adopt a child from overseas.
If you have any questions about your FMLA rights, you should contact your employer or the U.S. Department of Labor's Wage and Hour Division.
Outcome: 09/22/2023 33 MEMORANDUM OPINION re 19 Motion for Summary Judgment and 25 Cross Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 9/22/2023. (lctnm1) (Entered: 09/22/2023)
09/22/2023 34 ORDER granting 19 Motion for Summary Judgment and denying 25 Cross-Motion for Summary Judgment. See attached Order for details. The Clerk of Court shall close this case. Signed by Judge Trevor N. McFadden on 9/22/2023. (lctnm1) (Entered: 09/22/2023)