Pennsauken, NJ (Law Firm Newswire) July 22, 2019 – An employee may take leave under the Family and Medical Leave Act (FMLA) or request a reasonable accommodation under the Americans with Disabilities Act (ADA), but the employee must make a valid request for FMLA leave or an ADA accommodation.
James Dallefeld filed a workers’ compensation claim for a knee injury, and his employer, The Clubs at River City (The Clubs), terminated him shortly thereafter. He filed a suit claiming violations of the FMLA and ADA. The Clubs filed a motion for summary judgment (summary dismissal).
A key issue on the FMLA claim was whether Dallefeld provided sufficient notice of his intent to take FMLA leave. In Dallefeld v. The Clubs at River City, Inc., a federal district court in Illinois ruled, in July 2017, that Dallefeld presented enough evidence to avoid summary dismissal. Dallefeld provided the person in charge of FMLA at The Clubs with his doctor’s work status report taking him off duty.
An issue on the ADA claim was whether Dallefeld asked for an accommodation. The district court ruled Dallefeld presented enough evidence to avoid summary dismissal. Dallefeld’s doctor, who released him to light modified duty, testified that Dallefeld could have performed his job if given a reasonable accommodation, and Dallefeld testified that he could perform the essential functions of his job, such as sitting at his desk, answering the phone and using his computer.
In Acker v. General Motors, LLC, a case in Texas decided a couple of months earlier, the Fifth Circuit Court of Appeals held that a request for FMLA leave was not a request for an accommodation under the ADA.
These cases illustrate what a court may consider in determining whether an employee has made a request for FMLA leave or an ADA accommodation. Need more information? Talk to a workplace lawyer at Petrillo and Goldberg at 856.249.9295 or visit https://www.petrilloandgoldberg.com.
Petrillo & Goldberg Law
6951 North Park Drive
Pennsauken, NJ 08109
19 South 21st Street
Philadelphia, PA 19103
70 South Broad Street
Woodbury, NJ 08096
- Workers’ compensation for worker who contracted Legionnaires’ Disease
A Pennsylvania court ruled that a man who became disabled after developing Legionnaires’ Disease, is entitled to workers’ compensation and medical benefits. Shawn Gillen said he contracted Legionnaires’ Disease as a result of exposure to contaminated water while he was performing his job responsibilities at Nestle USA Inc. According to court records, Gillen was stationed […]
- Settlement of labor law accusations against six South Jersey gas stations
According to their U.S. Labor Department, the proprietors of six South Jersey gas stations will pay over $460,000 to employees who worked 70 hours per week for an amount below the minimum wage, and received no compensation for overtime. USA Gas station owners Prabhit Singh and Harbir Piar were alleged to have violated the department’s […]
- Governor Christie says he will approve back pay for furloughed workers during government shutdown
New Jersey Governor Chris Christie said he would approve legislation to restore compensation for workers who were laid off when the state government was shut down. This marked the second shutdown in the history of the state. A representative from his office said he does not possess the authority to do this on his own. […]
- Long wait for survivor benefits for the spouse of volunteer
Following the death of Scott Danielson, a member of the Lakeland Ambulance Squad and Andover Borough Councilman, his wife was left with a number of financial setbacks. Although it has been a year and a half since her husband’s death, she has yet to receive survivor benefits from the state. Shortly after her husband’s death, […]
- Settlement in retaliation suit grants city employee $75K
A city worker who claimed he was demoted and terminated after filing two workers’ compensation claims for injuries sustained at work has settled his lawsuit against Galloway for $75,000. Frank Chamberlain stated he received negative reviews from his supervisors and many disciplinary notices after he filed the second workers’ compensation claim in 2011. The suit […]