Oregon Law Review : Vol. 94, No. 1 (2015)

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The Employer’s or the Employee’s Right to Choose? The Practical Effects of Escriba v. Foster Poultry Farms, Inc. on Employer Family and Medical Leave Policies in the Ninth Circuit
(University of Oregon School of Law, 2016-01-27) Thompson, Trisha
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.