Earlier this month, the Third Circuit Court of Appeals issued a
decision reinstating a former bus driver's lawsuit alleging
violation of the Family and Medical Leave Act
("FMLA").
The FMLA entitles eligible employees to take job protected leave
for their own medical reasons or to care for a family member with
medical needs. Employers may not interfere with or retaliate
against employees for asserting their FMLA rights.
Isaiah Walker alleged in his lawsuit that his employer
terminated him in violation of the FMLA when he missed work and
asked for leave as a result of his sickle cell anemia. He called in
to work to report that he was going to the hospital, which
coincided with him also experiencing a lack of childcare on the
same day. Walker updated his employer later that day and initiated
a formal FMLA request, which was ultimately approved. Nonetheless,
he was disciplined and discharged for missing work citing
caregiving responsibilities.
