POLINA MILMAN,
Plaintiff-Appellant,
v.
FIEGER & FIEGER, P.C., dba Fieger, Fieger, Kenney &
Harrington, P.C.; GEOFFREY NELS FIEGER,
Defendants-Appellees. |
No. 21-2685 |
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:20-cv-12154—Stephen J. Murphy, III, District Judge.
Argued: May 4, 2022
Decided and Filed: January 25, 2023
Before: KETHLEDGE, STRANCH, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
JANE B. STRANCH, Circuit Judge. In March 2020, Fieger & Fieger, P.C., terminated
Polina Milman immediately after she made a request for unpaid leave to care for her two-year
old son—a child with a history of respiratory illness that was experiencing symptoms resembling
COVID-19. Milman sued Fieger & Fieger, P.C., and its owner, Geoffrey Fieger (collectively,
the Firm), alleging that her termination violated the Family and Medical Leave Act (FMLA).
The district court dismissed Milman’s FMLA claim, concluding that because she was not entitled
to the leave she sought, she could not state a plausible claim. For the reasons that follow, we
REVERSE and REMAND for further proceedings. |