Family Medical Leave Act Violations in Ohio

What Are Family Medical Leave Act Violations?

Background

“The FMLA allows eligible employees to take up to 12 weeks of unpaid leave in any 12-month period for qualifying medical or family reasons.” (See Hollingsworth v. Time Warner Cable (2004) 157 Ohio App. 3d 539, 554.)

“An employer may not retaliate against an employee who exercises her rights under the FMLA.” (See id.)

General Information for Complaints and Motions

“The FMLA prohibits employers from discriminating against employees for exercising their rights under the Act.” (See Cortolillo v. Etech Ohio Comm'n Res. (2015) Ohio 5655, 13.)

“Basing an adverse employment action on an employee's use of leave or retaliation for exercise of FMLA rights is therefore actionable.” (See id.)

“An employee can prove FMLA retaliation circumstantially, using the method of proof established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).” (See id.)

Prima Facie Case

“In analyzing a claim of FMLA retaliation, courts apply the McDonnell Douglas burden-shifting framework.” (See Hollingsworth v. Time Warner Cable (2004) 157 Ohio App. 3d 539, 554.)

“To establish a prima facie case of FMLA retaliation circumstantially, a plaintiff must show that:

she exercised rights afforded by FMLA,
she suffered an adverse employment action, and
there was a causal connection between her exercise of rights and the adverse employment action.”

(See Cortolillo v. Etech Ohio Comm'n Res. (2015) Ohio 5655, 13.)

Standard of Review and Burdens of Proof

“Our analysis of an appeal from summary judgment is conducted under a de novo standard of review.” (See Wright v. Small, No. 13-02-34, at *1 (Ohio Ct. App. Mar. 5, 2003).)

“Summary judgment is proper when, looking at the evidence as a whole, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” (See id.)

“The movant bears the initial burden to inform the trial court of the basis for the motion, identifying portions for the record, including the pleadings and discovery, which demonstrate the absence of a genuine issue of material fact.” (See id.)

“Once the movant has satisfied this burden, the nonmovant must set forth specific facts demonstrating that a genuine issue of fact indeed exists for trial.” (See id.)

The Court’s Decisions

It is well settled that “an employer may require an employee to exhaust accrued paid leave prior to taking unpaid leave that the employee would otherwise be entitled to under the FMLA.” (See Jones v. Administrator, No. 99 C.A. 224, at *1 (Ohio Ct. App. Oct. 31, 2000).)

It is also well settled that “the FMLA provides eligible employees up to 12 work-weeks of unpaid leave in any 12-month period for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition.” (See Ningard v. Shin-Etsu Silicones of Am., Inc. (2009) Ohio 3171, 6.)

Documents for Family Medical Leave Act Violations in Ohio

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13-CV-0378

4 pages

O O IN THE COURT OF COMMON PLEAS WAYNE COUNTY a ROBERT HEYDEN, ) CASE NO. 13-CV-378 ) Plaintiff, ) JUDGE WIEST ) v. ) ) MORTON SALT, INC., ef al., ) DEFENDANTS’ NOTICE OF FILING ) NOTICE OF REMOVAL Defendants. ) ) TO: CLERK OF COURTS WAYNE COUNTY COURT OF COMMON PLEAS PLEASE TAKE NOTICE that the Defendants in the captioned case, which was originally pending in this Court, have filed a Notice of Removal for said case with the United States District Court for the Northern District of Ohio, Ea…