Shay v. Commonwealth of PA Department of Transportation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GERALD SHAY, : Plaintiff, : CIVIL ACTION : : v. : NO. 23-3507 : JOSEPH HOMITZ, et al., : Defendants. : MEMORANDUM MURPHY, J. May 30, 2025 The Family and Medical Leave Act grants employees unpaid leave for serious health conditions. And employers cannot retaliate against employees who exercise their FMLA rights. Plaintiff Gerald Shay worked at a PennDOT center. He says that he was suspended and terminated because he took FMLA leave. But employers may legally terminate an employee for legitimate nondiscriminatory…