family leave

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California employers are well-advised to keep an eye on Senate Bill 404, a proposed amendment to the Fair Employment and Housing Act (“FEHA”), California’s primary anti-employment discrimination law.  If enacted, SB 404 would add another category to the already lengthy list of protected characteristics under the FEHA – “familial status,” which is defined as “an individual who provides medical or supervisory care to a family…

The California Chamber of Commerce has just released its annual list of “job killer” bills that have been proposed in the California Legislature. This year’s list identifies 32 proposed laws, including six new “Costly Workplace Mandates.”

Chamber President and CEO Allan Zaremberg cautioned against “increase[d] uncertainty for employers and investors and . . . higher costs of doing business” while employers already face “higher health care premiums, higher workers’ compensation premiums, increased unemployment insurance taxes, and general tax increases.”

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…

Avila v. Continental Airlines, Inc., 165 Cal. App. 4th 1237 (2008)

Henry Avila sued his employer, Chelsea Food Services (a division of Continental Airlines), following his termination for excessive absences from work. Avila sued for disability discrimination and for violation of his rights under the California Family Rights Act (“CFRA”). The trial court granted summary judgment to Continental, but the Court of Appeal reversed…

Tellis v. Alaska Airlines, Inc., 414 F.3d 1045 (9th Cir. 2005)

H. Charles Tellis was terminated from his job as an Alaska Airlines maintenance mechanic when he took an unexcused leave of absence from work to fly from Seattle to Atlanta in order to retrieve one of the family’s automobiles, which he then drove back to Seattle. Tellis contended that his trip to Atlanta…

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…

Tomlinson v. Qualcomm, Inc., 97 Cal. App. 4th 934 (2002)

While working on a reduced schedule as part of a family leave of absence, Lona Tomlinson was selected for layoff and terminated. Tomlinson asserted that her termination violated the California Family Rights Act (CFRA), Cal. Gov’t Code § 12945.2, based on her contention that employees who are on family leave are “immune” from layoff…