Employer Not Estopped From Asserting Plaintiff Did Not Qualify For Family Leave.

An employee brought an action for wrongful termination against public policy after his requested family leave under the federal and state family leave laws [29 U.S.C. §2601; Government Code sections 12945.1-12945.3.] was denied. The plaintiff, a driver for a linen supply company, informed his supervisor that he needed seven weeks off to go to Sweden to care for his mother after her surgery. The plaintiff did not inform his employer the surgery was elective and could be rescheduled if the date was inconvenient. The plaintiff did submit a required document/medical certification, but it was without any sort of letterhead to indicate it came from a medical establishment. Three days prior to the expected leave, a doctor’s note was faxed to the employer, 176 hours short of the required 1,250 hour notice. That same day, the leave request was denied. The next day, plaintiff left for Sweden anyway, and his employment was terminated. The plaintiff argued the employer was estopped from asserting he did not qualify for family leave because the employer led him to believe his leave had been granted. The plaintiff testified the supervisor told him he could have the leave if he filled out the application and submitted a doctor’s certification, but the supervisor said he did not tell him his leave had been approved as he did not have the authority to do so. The appellate court affirmed, concluding there was substantial evidence to support the trial court’s decision to find the employer was not estopped from asserting plaintiff did not qualify for family leave. Olofsson v. Mission Linen Supply (Cal. App. First Dist., Div. 4; December 13, 2012) 211 Cal.App.4th 1236.