Workers Can Choose Not To Use FMLA Leave, 9th Circ. Says

Law360, New York (February 25, 2014, 7:23 PM EST) -- The Ninth Circuit ruled Tuesday that an employee can affirmatively decline to use Family & Medical Leave Act leave, even if the worker's underlying reason for seeking time off would have invoked the law's protection, upholding a win for Foster Poultry Farms Inc.

The appeals court affirmed a California federal court's judgment that Foster Poultry Farms had not run afoul of the FMLA when it fired Maria Escriba for failing to show up for work or call within three days of her expected return date following...
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