Escriba v. Foster Poultry Farms

Earlier this year, the Department of Labor made clear in an opinion letter that neither an employee nor an employer may decline FMLA leave where an eligible employee is absent for an FMLA-qualifying reason.  As the DOL noted in this March 2019 opinion letter, this is particularly true even where the employee would prefer that

Every one of you employs at least one of these employees — you know, the one who:

  • requests medical leave because of, let’s say, his uromysitisis poisoning (clearly, an FMLA-qualifying condition); but
  • wants to use his accrued paid leave instead of tapping into FMLA?

He might even get indignant, insisting that the law allows him