Employees Cannot Delay or Decline to Take FMLA Leave

Most employers in the 9th Circuit are aware that in 2014, the 9th Circuit ruled that an employee could elect to use vacation instead of FMLA leave so as to preserve FMLA leave for future use. Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236 (9th Cir. 2014). A March 2019 DOL Opinion Letter makes clear that… Continue reading Employees Cannot Delay or Decline to Take FMLA Leave