Employer Not Estopped from Denying Medical Leave, California Court Rules

Ruling that an employer did not misrepresent by deed or silence that its employee’s leave had been approved, the California Court of Appeal has affirmed a judgment in favor of an employer under the federal Family and Medical Leave Act and the California Family Rights Act, and has rejected the employee’s claim that the employer was prevented from denying the leave and terminating the employee for failing to report for work when directed. Olofsson v. Mission Linen Supply, No. A131471 (Cal. Ct. App. Dec. 13, 2012). However, noting that the employer’s denial of leave ultimately rested on the employee’s failure to meet the 1,250-hour threshold for FMLA/CFRA eligibility, the Court noted that if the employer had made its eligibility determination earlier than it did, litigation could have been avoided.