Funmilayo Adetimehim is suing Healix Infusion Therapy after she was allegedly fired for missing work.
Her lawsuit claims Healix violated the Family and Medical Leave Act and was filed Feb. 12 in the Houston Division of the Southern District of Texas.
Adetimehin was hired by Healix in 2008 as a team leader. In 2011 Adetimehin claims she began experiencing health problems which turned out to be a brain aneurysm. She underwent surgery in November 2011 which required her to miss four weeks, which she claims were covered by the FMLA.
In December 2012 Adetimehin claims she started to feel tingling on her left side and sought medical treatment. She was allegedly treated for depression and anxiety, given medication and went back to work.
Adetimehin was only at work for a short period of time before she took eight more weeks off under employer-approved FMLA time with a four week transition time.
In March 2013 Adetimehin's counselor purportedly recommended taking four more months off. When the HR director at Healix got this news, Adetimehin claims she was informed that she was close to using up her FMLA time and needed to come back to work.
Adetimehin alleges she was told that if she did not return to work by March 28 that she would have exhausted her FMLA time and they would assume she had quit on that date. The HR director told her that this was in accordance with company policy.
Adetimehin is suing, accusing Healix of violating the the Americans with Disabilities Act Amendments Act by applying a universal standard to all employees. She claims the employer must make an individualized determination under the amended Act.
Adetimehin is seeking an undisclosed amount in damages which include front pay and back pay.
She is being represented by attorney Keith Lovelace.
U.S. District Court for the Southern District of Texas Case No. 4:14-CV-00334
This is a report on a civil lawsuit filed in the U.S. District Court for the Southern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.