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Case Number: 3:19-cv-01585
Judge: Jennifer P. Wilson
Court: United States District Court for the Middle District of Pennsylvania (Lackawana County)
Defendant's Attorney: John E. Freund, III
Description: Scranton, Pennsylvania civil rights lawyers represented the Plaintiff who sued the Defendants on Family and Medical Leave Act violation theory.
"The Family and Medical Leave Act (FMLA) is a federal law in the United States that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. It was enacted in 1993 and has been amended several times since then. The FMLA is administered by the Wage and Hour Division (WHD) of the U.S. Department of Labor.
Eligibility for FMLA Leave
To be eligible for FMLA leave, an employee must meet the following criteria:
Work for a covered employer: The employee must work for an employer that employs 50 or more employees for at least 20 calendar workweeks in the preceding 12 months.
Meet the service requirement: The employee must have worked for the employer for at least 1,250 hours during the 12-month period preceding the leave.
Provide notice to the employer: The employee must give their employer 30 days' notice of the need for leave, if possible. If the need for leave is foreseeable, the employee should give their employer as much advance notice as possible.
Reasons for FMLA Leave
Employees may take FMLA leave for the following reasons:
The birth and care of a newborn child of the employee: This includes the birth, adoption, or foster care placement of a child.
The placement of a son or daughter with the employee for adoption or foster care: This includes the adoption or foster care placement of a son or daughter.
To care for a spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition: This includes the care of a spouse, son, daughter, or parent who has a serious health condition that requires inpatient care or continuing treatment.
To take medical leave when the employee is unable to work because of a serious health condition: This includes the employee's own serious health condition that makes them unable to work.
Military caregiver leave: This includes the care of a covered servicemember with a serious injury or illness.
Amount and Duration of FMLA Leave
Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for any of the reasons listed above. The leave can be taken all at once, or intermittent, as needed.
Job Protection During FMLA Leave
Employees who take FMLA leave are entitled to job protection. This means that they must be returned to their same position or an equivalent position with the same pay, benefits, and terms and conditions of employment upon their return from leave.
Enforcement of the FMLA
The WHD enforces the FMLA by investigating complaints, conducting audits, and issuing citations to employers who violate the law. Employees who believe that they have been violated by the FMLA can file a complaint with the WHD."
Outcome: Settled for an undisclosed sum and dismissed with prejudice.