Abstract:
This Note explores the FMLA, Department of Labor regulations and guidance, and judicial precedent that provide the backbone of the Ninth Circuit’s decision. Part I of this Note describes FMLA, including the legislative intent, responsibilities of both employers and employees under FMLA, and the statute’s coexistence with DOL regulations, state laws, and employer policies. Part I then outlines the claims available to employees under FMLA and the judicial precedent supporting the Ninth Circuit’s assertion that FMLA protection may be affirmatively declined.