In an action claiming that defendant-employer impermissibly considered plaintiff's use of Family and Medical Leave Act (FMLA) leave in deciding to place her on involuntary leave, summary judgment for defendant is reversed where there was an issue of material fact as to whether the FMLA leave was a motivating factor in defendant's decision.
Argued: June 18, 2009
Decided and Filed: August 26, 2009
Opinion by Judge Gibbons
Lynnette Ballato Dinkler, Dinkler Pregon, Dayton, OH