Legal Alert: California Supreme Court Reverses Judgment in Favor of Employer in California Family Rights Act Case

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In a case of first impression in California, on Monday (April 7, 2008) the California Supreme Court held that working a part time job while seeking medical leave from a full time job is not conclusive evidence under the California Family Rights Act (CFRA) that the employee is able to perform the job from which she seeks leave. See Lonicki v. Sutter Health Central (4/7/08). The Court also held that the employer?s failure to seek a third opinion regarding the employee?s medical condition did not bar the employer from later claiming that the employee did not suffer from a serious health condition.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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