Wednesday, September 2, 2009

U.S. Sixth Circuit Court of Appeals reverses trial court on school custodian's firing

The Sixth Circuit Court of Appeals reversed last week a decision of the U.S. District Court for the Southern District of Ohio regarding the placement of a school custodian on involuntary leave in the Valley View School District. The school custodian claimed that the school district violated the Family and Medical Leave Act when it placed her on leave due to her taking leaves of absence after a car accident, on the advice of her physician.

The superintendent admitted that the school had used the custodian's leaves of absence as a factor against her in placing her on leave. The court reiterated that an employer is prohibited from “us[ing] the taking of FMLA leave as a negative factor in employment actions.” Thus, the Court found that the lower court was incorrect in its finding for the school district.

The U.S. Sixth Circuit Court of Appeals has appellate jurisdiction over district courts in Ohio, Tennessee, Kentucky, and Michigan.

No comments:

Post a Comment