26 Mar This type of affairs was indeed taken of EEOC v
Find, elizabeth.g., Orr v. Town of Albuquerque, 531 F.three-dimensional 1210, 1216 (tenth Cir. 2008) (treating conclusion wisdom to possess defendants where plaintiffs displayed evidence that they was basically needed to play with unwell get-off due to their maternity log off while you are anybody else seeking low-maternity FMLA log off had been routinely allowed to have fun with vacation otherwise compensatory time); Maddox v. Grandview Proper care Ctr., Inc., 780 F.2d 987, 991 (11th Cir. 1986) (affirming wanting and only plaintiff where employer's rules restricted maternity log off to three months while you are leave off absence for "illness" will be granted having long duration).
Get a hold of Byrd v. Lakeshore Hosp., 29 F.three dimensional 1380, 1383 (11th Cir. 1994) (rejecting employer's argument you to definitely plaintiff, who was discharged partially on account of her usage of compiled unwell hop out getting maternity-relevant grounds, concurrently needed to show that non-pregnant professionals with the same suggestions out-of medical absences was managed more favorably; the brand new courtroom noted you to an employer was assumed to oftentimes pursue its sick log off policy and you may, if your boss are not violates the policy, it might feel the burden of proving the latest unusual situation).