Posts by Catherine LeePartnerCatherine Lee specializes in employment, financial institution, and complex commercial litigation as well as data security and privacy.
Ms. Lee counsels and represents employers of all sizes. She has prevailed in state and ...
On January 15, 2021, in the case of Scalia v. Department of Transportation and Public Facilities, 985 F.3d 742 (2021), the Ninth Circuit Court of Appeal decided that for an employee, who works a rotational schedule of seven days on, followed by seven days off, both his “on” and “off” weeks shall be used to calculate the length of “12 workweeks of leave” under the Family and Medical Leave Act of 1993 (FMLA). As such, when a rotational employee takes continuous leave, both his on and off weeks count toward his “workweeks of leave” under Section 2612(a)(1) of the FMLA.
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