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Ninth Circuit Creates Wrinkle in the Way Employers Designate Family and Medical Leave
Snell & Wilmer Link to more items from this source
June 3, 2014

"While at first glance this case seems like a win for employers, [it] may actually provide greater protection for employees to take more than 12 weeks of leave.... In fact, the Ninth Circuit noted that employees may actually want to decline FMLA leave because '[b]y declining to take FMLA leave and subsequently requesting it at a later date, an employee can first take paid vacation, after which that employee would still have the full 12 weeks of FMLA leave remaining.' Under this ruling, employers may actually be liable for requiring employees to designate time off as FMLA leave." [Escriba v. Foster Poultry Farms, Inc., No. 11-17608 (9th Cir. Feb. 25, 2014)]

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