Facts of the Case:


In Quigley v. Meritus Health, Inc., the plaintiff was assigned to a permanent night shift schedule, while her co-workers rotated through day shifts, evening shifts and the night shifts that the plaintiff did not work. Following an incident in which the hospital was unable to secure night shift coverage when the plaintiff called out sick, the department manager announced the change to a universal rotating shift schedule to better ensure 24-hour coverage in case of last minute call-outs. Shortly thereafter, the plaintiff went on FMLA leave, and the change was implemented during her leave. Plaintiff objected to the change and never returned to work. She then sued the hospital for interference with her right under FMLA to be restored to the same or equivalent position and shift upon her return from leave.