United States Ninth Circuit

Judgment in favor of defendant in an action brought by plaintiff under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) is affirmed, where: 1) the district court did not err in denying plaintiff's motion for summary judgment because an employee can affirmatively decline to use FMLA leave, even if the underlying reason for seeking leave would have invoked FMLA protection; 2) there was substantial evidence that the plaintiff elected not to take FMLA leave; 3) the district court did not err in admitting evidence about plaintiff's prior FMLA leave; and 4) the district court did not abuse its discretion in declining to tax costs.

Appellate Information

• Decided 02/25/2014
• Published 02/25/2014

Judges

• GILMAN

Court

• United States Ninth Circuit

Counsel