A former employee filed suit against HCA Healthcare, LLC (HealthONE), on Friday in the District of Colorado. Slankard filed suit after he was “retaliated against for engaging in the protected activity of taking intermittent Family and Medical Leave Act (FMLA) leave and wrongfully terminated in violation of public policy for participating in his spouse’s Worker’s Compensation claim with Defendant.”
The plaintiff began his employment with HealthONE in June of 2019 as a patient care technician. His spouse, Ricky Todd Slankard, was also employed by the defendant as a registered nurse. As a result of their exposure to COVID-19 patients during the pandemic, both Slankard and his spouse contracted COVID-19 in October 2020 and filed for continuous leave under the Family Medical Leave Act (FMLA). Their requests were approved by HealthONE.
When the plaintiff returned to work in January 2021, he informed his manager that his spouse was still experiencing complications from COVID-19, including “serious neurological and cardiovascular complications, diabetes, and sleep apnea” which sometimes required his emergency care and attention. Due to these circumstances, the plaintiff sought intermittent FMLA leave to care for his spouse. He obtained this leave from February to August of 2021.
As a result of the Slankard’s continued leave to care for his spouse, he filed a Worker’s Compensation claim in order to pay for the medical expenses, which was denied by the defendant. Following this...
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