InstaCart faces a class action lawsuit from a worker who was allegedly denied paid time off (PTO) while on the Family and Medical Leave Act (FMLA).
Plaintiff Nieves Lopez previously worked for InstaCart as a customer care manager in Atlanta. In April 2020, after around a year and a half of working for the grocery delivery company, Lopez reportedly took intermittent FMLA leave after being diagnosed with post-traumatic stress disorder (PTSD), adjustment disorder, anxiety and depression.
Leave under the FMLA allows eligible employees to take job-protected leave for family or medical reasons. This includes 12 workweeks of leave within a 12-month period. FMLA leave can be taken for a number of reasons, such as the birth of a child, family health concerns, a serious health condition or military service of family member.
After exercising her right to FMLA leave, Lopez reportedly required an extension of her leave in late May due to her worsening medical condition. This request was granted June 1, and Lopez allegedly believed she would be able to use paid time off in connection with her extended leave.
Unfortunately, after her FMLA leave was extended, InstaCart allegedly did not pay her any salary payment as she expected.
Lopez says InstaCart’s own representations led her to believe she could get paid time off with FMLA leave, leaving her shocked at her lack of compensation.
When she inquired about this with InstaCart’s third-party administrator, Lopez was allegedly told “you cannot utilize PTO while you are on a medical leave of absence.” This reportedly contrasts with what she had previously been told.
“Being unable to financially survive on no income, Plaintiff had no choice but to cancel her FMLA leave and return to work full-time regardless of her worsening medical condition,” the InstaCart class action lawsuit notes.
Upon returning to work, Lopez claims she was “effectively demoted” when InstaCart had her subordinates assigned to another manager. In fact, Lopez was allegedly sent to a class for new team managers despite being qualified.
The situation came to a head July 1 when Lopez was asked to attend a meeting with her supervisor and human resources representative. During this meeting, Lopez was reportedly fired for failing to complete the new team managers class.
However, Lopez says this is not the real reason for her being fired.
“This was a pretextual reason; the real reason Plaintiff’s employment was terminated was in retaliation for asserting her rights under the FMLA and requesting to use her PTO benefits during her medical leave,” the InstaCart class action lawsuit contends.
Lopez argues that InstaCart has violated regulations around FMLA leave by denying her paid time off during leave and by retaliating against her for taking leave in the first place.
In her InstaCart class action lawsuit, Lopez seeks to represent a Class of current and former InstaCart employees who were not allowed to use paid time off in connection with FMLA leave and/or who were fired after requesting these benefits within the last three years.
On behalf of herself and these proposed Class Members, Lopez seeks back pay, lost benefits, interest and other damages, along with reinstatement for wrongfully fired workers.
Were you denied FMLA leave by InstaCart or another employer? Share your experiences in the comment section below.
Lopez and the proposed Class are represented by J. Larry Stine and Elizabeth Dorminey of Wimberly Lawson Steckel Schneider & Stine PC; and Hipolito Goico and Albert Bolet III of Goico & Bolet PC.
The InstaCart FMLA Leave Class Action Lawsuit is Lopez v. Maplebear Inc., Case No. 1:20-cv-04064, in the U.S. District Court for the Northern District of Georgia.
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September 10, 2025 | Legal News
One thought on Instacart Class Action Lawsuit Says Company Bars PTO with FMLA Leave
Instacart did the same to me I wAs denied PTO then fired by instacart