Family Medical Leave Act (FMLA)

Ninth Circuit Rules–Employee Can Decline FMLA Leave

Posted on March 28, 2014

Employers are all aware that employees do not have to specifically ask for FMLA leave in order for it to be available. However, what if an employee specifically asks that leave not be counted as FMLA leave? In a recent decision, the Ninth Circuit ruled that an employee can affirmatively decline FMLA leave, even where the reason for an absence would entitle him or her to FMLA leave. Escriba v. Foster Poultry Farms, No. 11-17608; 12-15320.…

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