California Employment Attorney Blog

Family Medical Leave Act applied to this employer who employed more than fifty employees within a 75 mile radius. Therefore, once the employee informed the employer that he needed time off to be with his wife, for birth of a child, to care for the employee's spouse, son, daughter, or parent with a serious health condition, the employer has an obligation to determine if the employee is eligible for FMLA leave,

FMLA regulations provides: "When an employee requests FMLA leave, or when the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee's eligibility to take FMLA leave within five business days, absent extenuating circumstances." 29 CFR §825.300(b)(1).

Here the employer failed to conduct any analysis whatsoever to determine if the employee was eligible under FMLA. Furthermore, the employer failed to advise the employee in writing of his eligibility under the FMLA.

FMLA's new regulations provide: "Failure to follow the notice requirements set forth in this section may constitute an interference with, restraint, or denial of the exercise of an employee's FMLA rights. An employer may be liable for compensation and benefits lost by reason of the violation, for other actual monetary losses sustained as a direct result of the violation, and for appropriate equitable or other relief, including employment, reinstatement, promotion, or any other relief tailored to the harm suffered (see §825.400( c))."

Continue reading "Analysis of Equitable Estoppel and Family Medical Leave Act (Part 2 of 2)" »

As a California Employment Attorney, I recently handled a case on behalf of an employee who worked for employer in 2003 for approximately two months. The employee also worked for his employer in 2004 for approximately eight months and in 2005 for approximately three months. Thereafter, the employee worked for his employer on or about September 2007, as a Produce Clerk.

In or about November 2007, the employee informed the Store Manager that his wife was pregnant with a high risk pregnancy. The Store Manager responded by asking the employee, "if he really was married or was he messing with him?" The employee responded yes that he had placed his wife's name on his job application. In or about December 2007, in order to prove to the Store Manager that the employee was married, he took his marriage certificate to the Store Manager, who looked at it and said "okay".

In or about January 2008, the employee asked the Store Manager if he could have the day off to go to the doctor with his pregnant wife. Store Manager gave the employee four days off to take care of what he had to take care of. On the fourth day employee went to the store to see the Store Manager to let him know that his wife was hospitalized on the third day that he was off work because she required an emergency c-section and requested an additional one week off. The employee also provided the Store Manager with a doctor's note regarding his wife's condition. Store Manager asked the employee to fill out an affidavit and authorized the employee to take one week off. Store Manager asked the employee to bring a doctor's note or hospital discharge note for his wife upon his return to work.

Continue reading "Analysis of Equitable Estoppel and Family Medical Leave Act (Part 1 of 2)" »