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Zhang v. Brookhaven Science Assocs. LLC

Prima Facie Case of FMLA Retaliation Not Made in Suit Over Misrecorded Leave

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Wu Zhang, Plaintiff v. Brookhaven Science Associates, LLC, Defendants1

MEMORANDUM AND ORDER INTRODUCTION   Plaintiff Wu Zhang (“Plaintiff”) brought this action against Defendant Brookhaven Science Associates, LLC (“Defendant”) for damages suffered as a result of Defendant’s alleged retaliation against Plaintiff for her use of medical leave pursuant to the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §2601, et seq. Presently before the Court is Defendant’s motion to dismiss her complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons explained below, the motion to dismiss is granted. BACKGROUND The following relevant facts come from the Complaint and are assumed true for purposes of the instant motion to dismiss: Plaintiff has been employed by Brookhaven National Laboratory (“BNL”)2, a national laboratory operated and managed by Defendant, in various capacities since 1987. (Compl. [ECF No. 1]

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