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.

See full alert for more information.