Doctor Files California FMLA Lawsuit
Los Angeles, CA: A wide-ranging California FMLA lawsuit that alleges violations of the federal Family and Medical Leave Act (FMLA) together with alleged violations against other federal and state statutes was filed in February by a former UCLA resident doctor. The lawsuit, which names among the defendants the University of California Board of Regents, claims that the university denied the plaintiff the right to maternity leave, and later terminated her residency at the university, allegedly because UCLA was not willing to accommodate an unrelated leg injury.
The FMLA is a federal statute that guarantees eligible workers up to 12 weeks of unpaid leave from their duties each year for family or medical reasons, without threat of job loss. The FMLA is observed in tandem with the California Family Rights Act (CFRA) and Family Temporary Disability Insurance (FTDI) observed by the state, which allows for time off with a pay level representing about 55 percent of weekly wages for up to six weeks. The CFRA differs from the federal FMLA in that there is no assumed job protection for workers.
None of the foregoing appeared to be any help to plaintiff Joy Ekwueme, who claims that she was not granted maternity leave while in residency at the UCLA Department of Obstetrics and Gynecology.
According to court documents, the plaintiff was accepted for residency training in March 2013. Ekwueme was pregnant at the time. An orientation session was scheduled for June of that year, which was around the time when the plaintiff was due to give birth. Ekwueme was told by a supervisor, or so it is alleged, that the department did not observe a protocol for maternity leave, requiring Ekwueme to attend orientation training 10 days after giving birth to her child.
Ekwueme also claims in her lawsuit, filed February 2, that supervisors would not accommodate a leg injury, for which she was required to wear a brace and, for a time, required use of a wheelchair.
The California FMLA lawsuit alleges that UCLA later terminated her from the residency program due to the university’s belief that her leg injury negatively impacted her work, a fact the plaintiff disputes given that test results showed that her performance was at the least on par and, in some cases, better than other doctors, or so it is alleged.
It is also alleged that two supervisors went through Ekwueme’s private medical records, a violation of the Health Insurance Portability and Accountability Act, or HIPAA, if proven true. The plaintiff also alleges a hostile work environment. However, the main thrust of the lawsuit continues to be an alleged lack of accommodation according to California FMLA regulations alleged to have been violated.
Case information was not available.
The FMLA is a federal statute that guarantees eligible workers up to 12 weeks of unpaid leave from their duties each year for family or medical reasons, without threat of job loss. The FMLA is observed in tandem with the California Family Rights Act (CFRA) and Family Temporary Disability Insurance (FTDI) observed by the state, which allows for time off with a pay level representing about 55 percent of weekly wages for up to six weeks. The CFRA differs from the federal FMLA in that there is no assumed job protection for workers.
None of the foregoing appeared to be any help to plaintiff Joy Ekwueme, who claims that she was not granted maternity leave while in residency at the UCLA Department of Obstetrics and Gynecology.
According to court documents, the plaintiff was accepted for residency training in March 2013. Ekwueme was pregnant at the time. An orientation session was scheduled for June of that year, which was around the time when the plaintiff was due to give birth. Ekwueme was told by a supervisor, or so it is alleged, that the department did not observe a protocol for maternity leave, requiring Ekwueme to attend orientation training 10 days after giving birth to her child.
Ekwueme also claims in her lawsuit, filed February 2, that supervisors would not accommodate a leg injury, for which she was required to wear a brace and, for a time, required use of a wheelchair.
The California FMLA lawsuit alleges that UCLA later terminated her from the residency program due to the university’s belief that her leg injury negatively impacted her work, a fact the plaintiff disputes given that test results showed that her performance was at the least on par and, in some cases, better than other doctors, or so it is alleged.
It is also alleged that two supervisors went through Ekwueme’s private medical records, a violation of the Health Insurance Portability and Accountability Act, or HIPAA, if proven true. The plaintiff also alleges a hostile work environment. However, the main thrust of the lawsuit continues to be an alleged lack of accommodation according to California FMLA regulations alleged to have been violated.
Case information was not available.
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