Maria Escriba v. Foster Poultry Farms, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
GILMAN, Senior Circuit Judge:
Maria Escriba worked in a Foster Poultry Farms, Inc. (Foster Farms) processing plant in Turlock, California for 18 years. She was terminated in 2007 for failing to comply with the company’s “three day no-show, no-call rule” after the end of a previously approved period of leave, which she took to care for her ailing father in Guatemala. Escriba subsequently filed suit under the Family and Medical Leave Act (FMLA) and its California equivalent.
The parties dispute the characterization of Escriba’s request for a two-week period of leave. Escriba claims that…
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