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Woman Claims Job Loss After Taking FMLA Leave

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Under the Family Medical Leave Act of 1993, a covered employee has the right to take up to 12 weeks of leave to handle a serious health condition or to take care of a family member, according to FindLaw. Violations of this law can lead to expensive lawsuits for the employer.

The Southeast Texas Record reports that a Denton County resident filed a lawsuit against Automotive Operations, which was doing business as Pat Lobb Toyota of McKinney, alleging retaliation in violation of the Texas Labor code and violations of FMLA. As a car title administrator for the company, Krista M. Boggs reportedly requested a 30-day leave from her job to care for her husband who was suffering from diabetes complications. She later requested an additional four weeks of leave to care for her husband.

The employee was granted this leave, but claims that her position was no longer available when she wanted to return to work. She was offered a position as a cashier, but said that she had an injury that prevented her from doing the repetitive tasks associated with the cashier's position. Hence, she claims that she was forced to resign from her job.

But now the plaintiff has an employment lawyer by her side and is suing her former employer for actual damages for mental anguish and distress, loss of earning capacity, financial damages and punitive damages. Perhaps her case will teach many community members about an employee's rights under FMLA.

Related Resources:

  • Rights and Responsibilities Under the FMLA (FindLaw)
  • See a Houston Employment Lawyer (FindLaw)
  • FMLA Rules: What Employees Should Know (FindLaw's Law and Daily Life Blog)

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