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Worker accuses Kroger of violating the Family Medical Leave Act

Employees may need to take time away from work for any number of personal reasons. Some of these reasons are covered under the Family Medical Leave Act. Texas employees who need to take time off for eligible reasons should not be retaliated against for making use of this benefit.

A man who worked for Kroger in another state claims that he lost his job because he needed to take time off under the FMLA. The plaintiff started with the company as a night stock clerk and purportedly had a good track record during his years with the supermarket. This helped pave the way for him to be promoted to a dairy manager.

The plaintiff was eventually transferred to a different location and allegedly told his manager that he would need time away from work. His wife was having complications with her pregnancy, and he would need time off to take care of his wife and child. The man asserts he was never given any FMLA documentation, nor was he told about his eligibility and/or rights under the act when he took intermittent time off for hospital visits.

The man was terminated for not following the company's time-clock policy, but he asserts he was never warned that he had done anything wrong. The plaintiff claims that his being fired was an act of retaliation for taking time off when it was known that he was eligible and qualified for leave under the Family Medical Leave Act. Similarly-situated Texas workers may choose to file claims against their employers to seek a monetary judgment for their losses; they may also be reinstated to their former positions when the situation is warranted.

Source:, "Belle man says Kroger violated FMLA", Kyla Asbury, April 30, 2015

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