In Rogers v. County of Los Angeles, the Court of Appeals held that an employee cannot pursue a claim for interference with her rights under the California Family Rights Act (“CFRA”) if she is out on leave more than 12 weeks. There, the plaintiff, Rogers, worked for the County for 36 years, the latest position being in the executive office. During her last stint, Rogers took 19 weeks of medical leave. On her first day back she had a meeting and received written notification that she had been transferred. Rogers testified that she considered the proposed transfer a “demotion” and “slap in the face.” She repeatedly testified that she did not consider the new position comparable to her old position. The jury returned a special verdict in favor of Rogers, finding that the County had interfered with her CFRA rights by transferring her to a non-comparable position. The County appealed, arguing that Rogers’s interference claim should never have reached the jury because, as a matter of law, she was not entitled to reinstatement when she failed to return to work at the end of her 12-week protected CFRA leave. The Court of Appeals agreed with the County, concluding that the CFRA’s reinstatement right only applies when an employee returns to work on or before the expiration of the 12-week protected leave.

Proponents of employees’ rights are already planning action to have such a decision overruled by the California Supreme Court, or at least to have the case de-published so it has no precedential value.

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