PHILADELPHIA – A Philadelphia woman alleges her employer failed to accommodate her request for intermittent leave to care for her medical condition.
Tahnia Temple filed a complaint on April 26 in the U.S. District Court for the Eastern District of Pennsylvania against The Children's Hospital of Philadelphia citing the Americans with Disabilities Act and the Family and Medical Leave Act.
According to the complaint, the plaintiff has cerebral palsy and began working for the defendant through a staffing agency in 2007. The suit states the same year, the plaintiff was hired as a patient care associate and was well-qualified for the position. The plaintiff's position was changed to unit clerk in 2014 and the plaintiff alleges she did well in this position as well.
In May 2017, the plaintiff alleges she applied for FMLA leave due to her cerebral palsy. The plaintiff alleges her request for FMLA was approved by the defendant, but when she used the leave during her weekend shifts, she was required to make up the missed time. She alleges when she makes up the time, it is not returned to her time bank.
"Defendant's policy effectively prevents plaintiff from utilizing her intermittent FMLA leave on the weekends since she is forced to make up the time and only to then allotted as FMLA time used," the suit states.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by David M. Koller and Sarah R. Lavelle of Koller Law LLC in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-CV-01822