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Highland Village Accused of Violating FMLA

A former captain with the Highland Village Fire Department has hired a Texas employment lawyer to represent him in a lawsuit against the city of Highland Village. The Southeast Texas Record reports that the lawsuit alleges that the city violated the Family Medical Leave Act (FMLA) when Timothy L. Moehlman was demoted from his supervisor position for allowing a subordinate to swap shifts due to a medical problem.

Timothy Moehlman claims that he allowed the subordinate to swap shifts with another employee so that she wouldn't have to return from her FMLA leave prematurely. The fire captain was then accused of violating personnel policies by allowing a member to take leave when another member had already been approved and scheduled for leave on the same shift.

In a lawsuit, the former fire captain accuses the city of violating FMLA by demoting him for opposing a practice that is unlawful by the law. The plaintiff is seeking damages for lost wages, salary, employment benefits, pension benefits, attorney fees and costs.

According to FindLaw, a person is entitled to take up to 12 weeks of leave in a 12-month period if the employee has a serious health condition that leaves the employee unable to perform his or her job. The law applies to companies that have employed 50 or more workers for at least the past 20 weeks, public agencies, and to both private and public secondary and elementary public schools. Anybody who has questions about their rights under FMLA or believes that their employer has violated FMLA should contact a Houston employment lawyer. More information about FMLA can also be found through our Related Resource pages.

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