In a suit against the California County of Los Angeles, Katrina Rogers
sued for interference with medical leave and
in the workplace.
(Rogers v. County of Los Angeles (2011) No. B217764).
Rogers worked for the County for over 36 years. While in the position
of personnel officer, Rogers took medical leave for stress caused by her
job. While Rogers was on medical leave a new supervisor took over and
reassigned her. Rogers returned after 19 weeks to a new position that
was not comparable to the one she left. Rogers'
employment law attorney
successfully argued her case for discrimination and interference with
medical leave to the jury who found in her favor. The County Appealed
the court's decision.
The California Second Disrtict Court of Appeals, which includes Orange
County in its jurisdiction found in favor of the County of Los Angeles.
The court found that the California Family Rights Act of 1993 only protects
employees for 12 weeks of medical leave. Here since Rogers was on CFRA
leave for 19 weeks she exceeded the 12 week time period and was no longer
protected upon her return. Also, the court found that Rogers did not have
enough evidence to support her claim for discrimination for taking CFRA
leave because the County had "legitimate, nondiscriminatory reasons
for the decision."