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Fired Employee Declined FMLA and Broke Attendance Rules
HR Daily Advisor Link to more items from this source
Mar. 9, 2014
"Escriba's argument rested on the erroneous assertion that simply mentioning an FMLA-qualifying reason for an absence triggers all the Act's protections. The 9th Circuit found that nothing in FMLA stops an employee from deferring the exercise of his or her FMLA rights. The preservation of future FMLA leave is a compelling and practical reason why an employee might wish to do so." [Escriba v. Foster Poultry Farms, Inc., No. 11-17608 (9th Cir. Feb. 25, 2014)]

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