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Fired Philadelphia Parks & Recreation worker alleges FMLA was illegally delayed

PENNSYLVANIA RECORD

Thursday, November 21, 2024

Fired Philadelphia Parks & Recreation worker alleges FMLA was illegally delayed

Federal Court
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PHILADELPHIA — A former Philadelphia Parks and Recreation Department worker alleges the department wrongfully terminated him and illegally delayed his FMLA request.

James Ditsche filed a complaint Dec. 17 in the U.S. District Court for the Eastern District of Pennsylvania against the City of Philadelphia doing business as Philadelphia Parks and Recreation Department alleging violation of the Family Medical Leave Act. 

According to his suit, Ditsche began working for the defendant in August of 2014, as a plumbing and heating maintenance worker. He alleges that in March of 2021, he requested leave under the FMLA to help his elderly mother who was very ill. 

He claims the defendant illegally treated the FMLA request as if it were "some kind of vacation policy" that required weeks of approval processes. He further claims due to the defendants ignoring his requests to start his FMLA, did not provide him with FMLA documents in a timely manner and was prejudiced against him by not allowing him to start FMLA earlier. Ditsche alleges the defendant's 10-day delay in approving his FMLA, caused him to have to leave his shift early to care for his mother and to be falsely terminated.  

Ditsche seeks monetary relief, trial by jury and all other proper relief. He is represented by Ari Karpf of Karpf, Karpf & Cerutti PC in Bensalem. 

U.S. District Court for the Eastern District of Pennsylvania case number 2:21-CV-055500-MSG

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