Employees on Medical Leave only protected for 12 weeks

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Employees on Medical Leave only protected for 12 weeks

In a suit against the California County of Los Angeles, Katrina Rogers sued for interference with medical leave and discrimination 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."
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