Instacart, a grocery delivery company, is facing a proposed class action which alleges the company’s policies were in violation of the Family and Medical Leave Act (“FMLA). The complaint was filed October 1, 2020 and the plaintiff in the lawsuit seeks to represent current and former Instacart employees who are similarly situated.

The complaint alleges that the plaintiff was denied the ability to use paid time off with extended FMLA leave, despite plaintiff’s belief that, based on the company’s policies, the PTO was available to use with extended FMLA leave. In early 2019, plaintiff began working as a manager in a salaried position for Instacart and was later diagnosed with Post Traumatic Stress Disorder, among others medical conditions. Plaintiff applied for, and was granted by Instacart, intermittent FMLA leave through June 1, 2020. After the plaintiff’s normal paycheck was not provided on June 1, 2020, plaintiff was allegedly notified that said PTO could not be used with extended FMLA leave.

Plaintiff subsequently returned to work several weeks later, despite her worsening medical condition, to learn that she had been demoted and that plaintiff would need to restart in a class for new team managers. On July 1, 2020, plaintiff, in a meeting with the supervisor and the company’s human resources representative, was terminated for what the company called failing to complete the new team managers’ class. Plaintiff argues the termination was a result of her PTO and extended FMLA leave use and not the new team managers’ class.

The case is Lopez v. Maplebear Inc., Case No. 1:20-cv-04064, in the U.S. District Court for the Northern District of Georgia.

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