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Case Number: 5:23-cv-174
Judge: Sara Lioi
Court: United States District Court for the Northern District of Ohio (Summit County)
Defendant's Attorney: No appearance
Description: Akron, Ohio employment law lawyer represented Plaintiff who sued Defendant on a Family Medical Leave Act violation theory.
The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. The FMLA was enacted in 1993 and applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.
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 previous 12 months; and
Be employed by an employer who is subject to the FMLA.
Eligible employees are entitled to take up to 12 weeks of unpaid leave in a 12-month period for any of the following reasons:
The birth of a child and to care for the newborn child within one year of birth;
The placement of a child with the employee for adoption or foster care and to care for the newly placed child within one year of placement;
To care for a spouse, son, daughter, 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 who take FMLA leave are entitled to be restored to their same or an equivalent job when they return from leave. They are also entitled to have their group health benefits maintained during the leave.
The FMLA does not require employers to pay employees for their FMLA leave. However, employers may choose to do so. If an employer does not pay for FMLA leave, the employee may be able to use any accrued paid leave, such as vacation or sick leave, to cover the unpaid portion of their FMLA leave.
The FMLA is a valuable tool for employees who need to take time off from work for family or medical reasons. It can help employees balance their work and family responsibilities and can protect their jobs while they are on leave.
For more information about the FMLA, please visit the U.S. Department of Labor's website at https://www.dol.gov/agencies/whd/fmla.
Outcome: Notice of Dismissal Under FRCP 41(a)(1) Voluntary Dismissal Without Prejudice filed by Jill McVay. (Dubyak, Robert) (Entered: 05/12/2023)