The U.S. Court of Appeals for the Sixth Circuit revived a lawsuit that a Michigan attorney brought against her former employer accusing the firm of firing her for asking to work remotely at the height of the pandemic since her son was sick.

Judges Raymond Kethledge, Jane Stranch and John Nalbandian said a district court shouldn’t have dismissed Polina Milman’s retaliation claim against Fieger & Fieger. Milman accused the firm of violating the Family and Medical Leave Act when firing her in March 2020, after she requested unpaid leave to care for her 2-year-old son who had COVID symptoms.