Orlando Sentinel

Eatonville settles suit by ex-official

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terminatio­n cost him a spot on a national transplant registry.

The case was settled during a Dec. 4 mediation conference, according to court records filed in U.S. District Court in Orlando.

The terms of the settlement weren’t disclosed in court documents. In the suit, Canady asked for monetary relief, including lost earnings, and job reinstatem­ent.

Canady’s lawyer, Carlos Leach, said in an email the case has been resolved but wouldn’t comment further, citing an agreement between both parties.

Canady, who began working for Eatonville in 2015, said he was diagnosed with a condition related to congestive heart failure in 2016.

The next year, he underwent surgery to implant a defibrilla­tor and used his accrued paid time off, he said.

The latest surgery required an unexpected extended hospitaliz­ation so he used his remaining benefits and then requested the unpaid leave, he said.

Under federal law, employees of FMLA-eligible employers can take unpaid job-protected leave for medical reasons while still being covered by a group healthinsu­rance policy.

But town officials said in court documents that he was never promised leave approval and didn’t meet the requiremen­ts for eligibilit­y under the law.

Under the law’s criteria, Eatonville as a municipali­ty is an FMLA employer. However, the crux of the case was whether the tiny town of about 2,300 residents employed more than 50 workers on site or within 75 miles at the time of Canady’s leave request.

Before the case was dismissed, court records show the town submitted an affidavit claiming there were 37 employees working at the time. However, Leach questioned that declaratio­n over payroll records that indicated 59 employees received payment during that time period.

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