9th Issues Tough FMLA Decision

  Ryman v. Sears, Roebuck & Co., 06-35630 (9th Cir., Oct. 12, 2007), is a tough FMLA decision which demonstrates just how narrow the protections under the FMLA are.
Plaintiff took leave from November 14, 2003 to November 16, 2003.  Plaintiff asked a fellow employee whether he was scheduled to work November 17, 2003 and the employee incorrectly told him he was not scheduled, therefore plaintiff missed work without calling in and was terminated.  This did not violate Oregon Family Leave Act because the employee was not terminated for taking leave, but for otherwise missing scheduled work.

Mitchell H. Rubinstein