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Date: 10-02-2023

Case Style:

Kendra Leigh Hearon v. K-VA-T Food Stores, Inc.

Case Number: 3:23-cv-00155

Judge: Jill E. McCook

Court: United States District Court for the Eastern District of Tennessee (Knox County)

Plaintiff's Attorney:

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Defendant's Attorney: Knoxville, Tennessee employment law lawyers represented the Defendant.

Description: Knoxville, Tennessee 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 up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. Here's a breakdown of its key aspects:

Who is eligible for FMLA leave?

Employees who have worked for their employer for at least 12 months and have worked at least 1,250 hours during the previous 12-month period.
Employees whose employers have at least 50 employees within a 75-mile radius.

What are the qualifying reasons for FMLA leave?

The birth or adoption of a child
To care for a child, spouse, or parent with a serious health condition
To care for your own serious health condition that makes you unable to work
For military family leave to care for a covered servicemember with a serious injury or illness

How much leave can be taken?

Generally, employees are entitled to up to 12 weeks of leave per year under FMLA.
Military family leave allows for up to 26 weeks of leave per year to care for a covered servicemember.
Leave under FMLA can be taken all at once, intermittently, or in reduced work schedules.

What happens to my job while I'm on leave?

Your employer must hold your job and benefits for you while you are on FMLA leave.
You cannot be fired, demoted, or discriminated against for taking FMLA leave.
You are entitled to return to the same or a similar position with the same pay and benefits upon your return from leave.

Additional important points:

You must notify your employer in advance of your intent to take FMLA leave, if possible.
Your employer may require you to provide medical documentation to support your reason for leave.
You are responsible for your own health insurance premiums while on leave.
FMLA leave does not count as paid time off.


U.S. Department of Labor - FMLA webpage:
National Partnership for Women & Families - FMLA webpage:
Equal Employment Opportunity Commission - FMLA webpage:

Disclaimer: This information is intended for general knowledge only and should not be taken as legal advice. If you have questions about your FMLA rights or have experienced an issue related to FMLA, please consult with an attorney specializing in employment law.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:


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