State & Federal Protected Leaves
Representative Case Summaries
- Plaintiff sought FMLA leave for alleged family stress. She continued to keep her company apprised of her condition and her anticipated return to work. Plaintiff was provided FMLA paperwork but never returned it. She was terminated for being absent without medical certification and she sued for wrongful termination.
- Plaintiff informed his employer that he was going to take paternity leave when his wife delivered their baby six months later. He was congratulated by his supervisors, and they continually spoke about the impending birth in the months that followed. Plaintiff was terminated one month before his anticipated leave due to numerous instances of unprofessional conduct, including a profanity laden interaction with his boss over Zoom in front of his entire department. Plaintiff contended he was terminated for his upcoming leave of absence.
- Plaintiff worked as an operations manager. She took maternity leave and upon her return sought Pregnancy Disability Leave (PDL) to care for her child. She did not have a medical condition caused by her pregnancy and her child was not disabled such that he required her to care for him. The company tried to accommodate her with either a baby bonding or unpaid leave; however, Plaintiff quit and sued for constructive termination.
- Plaintiff took several medical leaves for cancer treatment. She attempted to return to work but was eventually forced to take further leaves of absence. Plaintiff was terminated because there was no end in sight to her leaves and the company wanted to find a permanent replacement since her work was being performed by a temp that was costing the company additional fees for her service. Plaintiff argued the company should have continued her leave, unpaid, and that such a leave did not unduly burden the company.