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KEMP v. REGENERON PHARMACEUTICALS, INC.

Docket No. 23-174-cv August Term, 2023.

117 F.4th 63 (2024)

Denise KEMP, Plaintiff-Appellant, v. REGENERON PHARMACEUTICALS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 9, 2024.

Attorney(s) appearing for the Case

Stephen Bergstein, Bergstein & Ullrich, New Paltz, NY, for Appellant.

Shawn Matthew Clark, (Craig R. Benson, on the brief), Littler Mendelson, P.C., New York, NY, for Appellee.

Seema Nanda, Solicitor of Labor, Jennifer S. Brand, Associate Solicitor, Rachel Goldberg, Counsel for Appellate Litigation, Shelley E. Trautman, Attorney, U.S. Department of Labor, Washington, DC, for Amicus Curiae U.S. Department of Labor.

Before: LOHIER, LEE, and PÉREZ, Circuit Judges.

The Family and Medical Leave Act (FMLA) entitles eligible employees to take a total of 12 workweeks of leave from work during a one-year period to care for a sick child, for example, 29 U.S.C. § 2612(a)(1), and makes it unlawful for an employer "to interfere with, restrain, or deny the exercise of or the attempt to exercise...

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