IN THE FEDERAL DISTRICT COURT FOR THE
DISTRICT OF
DIVISION
:
Plaintiff, :
vs. : Case No.
:
Defendant. :
Plaintiff’S FIRST Request for ADMISSIONS to Defendant
Plaintiff, by and through his/her attorney, serves the following request for admissions upon Defendant to be responded to, pursuant to Rule 36, Federal Rules of Civil Procedure, within thirty days after the date of service.
REQUEST NO. 1
Admit that Defendant is an employer (at all relevant times as set out in the Plaintiff's complaint) subject to the provisions of the Family and Medical Leave Act.
RESPONSE:
REQUEST NO. 2
Admit that Plaintiff is an employee of the Defendant and was eligible for FMLA leave (at all relevant times as set out in the Plaintiff's complaint).
RESPONSE:
REQUEST NO. 3
Admit that Plaintiff took leave from his/her employment on the following date(s):
RESPONSE:
REQUEST NO. 4
Admit that the leave set out in the previous request for admission was FMLA qualifying leave.
RESPONSE:
REQUEST NO. 5
Admit that the Plaintiff provided the Defendant, through its employees/agents, with 30 days' advance notice of the leave referred to in Request No. 3.
RESPONSE:
REQUEST NO. 6
If the Plaintiff failed to provide 30 days' advance notice of the requested leave, admit that Plaintiff provided notice to the Defendant of the need for such leave as soon as practicable.
RESPONSE:
REQUEST NO. 7
Admit that Defendant approved that requested leave as FMLA qualifying.
RESPONSE:
REQUEST NO. 8
(Alternative to no. 7) Admit that Defendant refused to designate the requested leave as FMLA qualifying.
RESPONSE:
REQUEST NO. 9
Admit that upon Plaintiff's return (or while Plaintiff was still on leave) from the leave in question, Defendant disciplined/demoted/terminated Plaintiff.
RESPONSE:
REQUEST NO. 10
Admit that Defendant did not return Plaintiff to his/her original position upon his/her return from leave.
RESPONSE:
REQUEST NO. 11
Admit that Defendant did not return Plaintiff to a position substantially similar to his/her previous position upon his/her return from leave.
RESPONSE:
REQUEST NO. 12
Admit that Plaintiff is not a "key" employee as defined under the FMLA.
RESPONSE:
REQUEST NO. 13
Admit that Plaintiff provided medical certification of his/her health condition in a timely manner to the Defendant.
RESPONSE:
REQUEST NO. 14
Admit that Plaintiff provided a fitness-for-duty certification to return to work to the Defendant in a timely manner.
RESPONSE:
REQUEST NO. 15
Admit that Plaintiff complied with the Defendant's attendance policy for the time period of (insert relevant time period).
RESPONSE:
REQUEST NO. 16
Admit that Defendant has a no fault attendance policy that counts FMLA qualifying leave as a negative factor against the Plaintiff.
RESPONSE:
REQUEST NO. 17
Admit that the Defendant took adverse action against the Plaintiff, at least in part, because of his/her use of FMLA leave.
RESPONSE:
REQUEST NO. 18
Admit that Plaintiff made a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the Defendant.
RESPONSE:
REQUEST NO. 19
Admit that Plaintiff's supervisor made remarks indicating that Plaintiff's job would be in jeopardy while he/she was out on leave.
RESPONSE:
REQUEST NO. 20
Admit that Defendant failed to post notices explaining the FMLA's provisions and providing information concerning the procedures for filing complaints for violations of the FMLA in its places of employment as required by the FMLA.
RESPONSE:
REQUEST NO. 21
Admit that Defendant did not include information on an employee's entitlements and obligation under the FMLA in its employee handbook, employee manual, and/or written employment policies.
RESPONSE:
Respectfully submitted,
______
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS has been sent by regular U.S. mail to the party list below this ____ day of ______, 200__.
Attorney for Defendant
______
Attorney for Plaintiff
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