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Nursing Care Management of America, Inc. v. OCRC

Date: August 11, 2011

Ohio Supreme Court VICTORY!

Tiffany McFee’s employment was terminated by Nursing Care Management of America when she presented her employer a physician’s note stating that she was unable to work due to a pregnancy-related medical condition.  Because she had been employed by the company for less than one year, McFee did not qualify for leave under the company’s leave policy.  At issue is whether or not the one year employment requirement may be strictly enforced. NFIB believes that enforcing the requirement is crucial to small business owners’ ability to have confidence in the law.

Status:  DECIDED.  Amicus brief filed on 9/28/09 and reply amicus brief filed on 12/22/09.  Argument set for 1/13/10.  Court ruled in favor of the employer on 6/22/10.

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