FMLA

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Olofsson v. Mission Linen Supply, 2012 WL 6200336 (Cal. Ct. App. 2012)

Lars Olofsson was a regular route driver for Mission Linen when he informed the plant manager (Jack Anderson, Sr.) that he needed seven weeks off from work to care for his elderly mother in Sweden who was recuperating from back surgery. Anderson told Olofsson he could have the leave if he filled…

Lewis v. United States, 641 F.3d 1174 (9th Cir. 2011)

Janet Lewis worked for the United States Air Force as the director of a child development center on the Elmendorf Air Force Base. In 2006, Lewis requested 120 days of leave without pay pursuant to the Family Medical Leave Act (“FMLA”). The employer requested a medical certification to support Lewis’s request for FMLA leave.…

Sanders v. City of Newport, 657 F.3d 772 (2011)

Diane Sanders, a utility billing clerk for the City of Newport, Oregon, began suffering health problems, which (according to her doctor) were due to “multiple chemical sensitivity” triggered by handling low-grade paper at work and poor air quality in her work area. Sanders took an FMLA leave, but the city refused to return her to…

Sullivan v. Dollar Tree Stores, Inc., 623 F.3d 770 (2010)

Christina Sullivan was the manager of a Factory 2-U store before it filed for Chapter 11 bankruptcy. Dollar Tree later purchased Factory 2-U’s existing leasehold on the store where Sullivan was employed. Prior to the anniversary of her hire by Dollar Tree, Sullivan’s mother became ill but Dollar Tree did not provide Sullivan with…

As of this writing, the Centers for Disease Control and Prevention has confirmed 109 cases of the H1N1 virus, commonly known as swine flu, in the United States. The World Health Organization has confirmed 331 cases of swine flu worldwide and has raised the pandemic threat level to Phase 5 on its six-step scale (Phase 5 designation essentially means that infections from the outbreak that originated in Mexico have been jumping from person to person with relative ease). This Client Alert outlines a few of the myriad legal issues that employers may face with regard to swine flu. As every situation is different, employers are strongly encouraged to seek the advice of counsel with respect to any questions related to these issues. We are, of course, available to provide a more detailed analysis as to any of the matters discussed below or to advise on any other questions that you may have on pandemic flu planning and its implications for the workplace.

Moreau v. Air France, 356 F.3d 942 (9th Cir. 2003)

Stephane Moreau worked as the Assistant Station Manager for Air France at San Francisco International Airport (SFO). Moreau requested a 12-week leave of absence under the Family Medical Leave Act and the California Family Rights Act to assist his ill father in France. Air France denied Moreau’s request on the ground that it employed…

Liu v. Amway Corp., 347 F.3d 1125 (9th Cir. 2003)

Xin Liu lost her job as a scientist in the Concentrate Development Department of the Nutrilite Division of Amway approximately 18 months after she was hired. Liu, who was on a leave of absence following her pregnancy, was informed that her position had been eliminated during a downsizing that followed a merger of her…