TD Bank is facing a federal lawsuit from a customer service representative who alleges the bank mishandled her requests for mental health leave and caregiving time before treating her employment as a voluntary resignation.
The complaint, filed on October 12, 2026, in the US District Court for the District of New Jersey, alleges violations of the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and related New Jersey laws.
According to the filing, the employee worked remotely from Pennsylvania while employed through TD Bank’s Mount Laurel, New Jersey, office. She alleges that she began requesting occasional time away to care for her stepson, who has hydrocephalus, in late 2023. The complaint says her supervisor initially indicated that the absences would not be a problem but later began objecting to the requests.
The employee further alleges that her supervisor denied or cancelled time-off requests and that her own health subsequently deteriorated, leading her to seek time away for anxiety and depression.
Complaint alleges problems with leave requests
The lawsuit alleges that when the employee requested time off for her mental health, her supervisor responded that the company did not “do accommodations.”
The complaint also alleges that the employee became eligible for FMLA leave around September 2024 but was not informed of her eligibility at that time.
According to the filing, she was eventually able to take several days off for mental health reasons in March 2025, after the bank’s third-party leave administrator, The Hartford, informed her that her leave qualified under the FMLA.
The dispute continued in July and August 2025, when the employee sought leave following what the complaint describes as a severe flare-up of her condition. She alleges that her therapist submitted the required medical documentation and that she initially received confirmation that it had been received.
However, the complaint states that The Hartford later said the documentation was missing and denied the leave request. A bank HR representative allegedly told the employee that she had two days to provide medical documentation or her absence would be treated as a voluntary resignation.
The employee says she responded by asserting her FMLA rights and stating that she was not resigning. According to the complaint, the bank subsequently informed her that it considered her to have voluntarily resigned.
Legal questions around leave administration
The lawsuit raises questions about how employers communicate leave eligibility, process medical documentation and manage attendance when employees request protected leave.
Under the FMLA, eligible employees of covered employers may qualify for job-protected leave for certain medical and family caregiving reasons. The law also establishes notice and designation requirements for covered leave. Whether those requirements were met in this case will depend on the evidence and applicable law.
The complaint also alleges discrimination based on the employee’s own disabilities and her association with her stepson’s disabilities, as well as retaliation and failures to accommodate under federal and state law.
The employee is seeking back pay, front pay, benefits, damages, attorneys’ fees and a jury trial.
Implications for HR teams
The allegations highlight the importance of clear procedures for handling leave requests, communicating eligibility and coordinating between managers, HR teams and third-party leave administrators.
Attendance policies should also be applied consistently with applicable leave protections. When medical paperwork is delayed or disputed, clear communication and appropriate review procedures can help prevent confusion over whether an absence is protected.
The case remains at the allegation stage. The claims have not been tested in court, and no court findings or rulings are identified in the supplied report.
Source: HRD - original report on the TD Bank employee’s lawsuit.
