HUNTINGTON – A Hurricane woman is suing Healthsouth Corporation after she claims it violated her rights under the Family & Medical Leave Act.
Danielle Haynes began her employment with the defendant on Jan. 9, 2012, and in 2014, she became pregnant with her first child, according to a complaint filed in Cabell Circuit Court.
Haynes claims she gave birth to her son on Feb. 3, several months premature and on Feb. 10, she notified the defendant that she would need to take leave under the Family & Medical Leave Act retroactive to the birth of her son on Feb. 3 and the defendant approved her request through April 28 and Haynes took this time to care for her son while he was in the neonatal intensive care unit.
On April 24, Haynes wrote to her supervisor and requested a personal leave of absence that she had previously discussed with Miranda Tussey, her supervisor, asking for the leave to begin on April 29 because her son was still hospitalized in NICU with medical complications, according to the suit.
Haynes claims two days after requesting the leave, she sent a check to the benefit provide in the amount of $38.72 to pay for her May health benefits.
On April 29, the defendant terminated Haynes' employment and returned her check for health benefits, according to the suit.
Haynes claims the defendant's termination of her employment was in interference with her rights under the Family and Medical Leave Act of 1993.
The defendant's actions were also in retaliation for exercising her rights and engaging in protected conduct under FMLA, according to the suit.
Haynes is seeking compensatory and punitive damages. She is being represented by Hoyt Glazer, Ben Sheridan and Mitchell L. Klein of Klein, Sheridan & Glazer LC.
The case is assigned to Circuit Judge Christopher D. Chiles.
Cabell Circuit Court case number: 15-C-607