HR Management & Compliance

Family and Medical Leave: Accompanying Ill Spouse to Funeral Doesn’t Qualify for Protected Leave, Court Rules

Arnulfo Gradilla worked as a sheet metal assembler at Riverside County-based Ruskin Manufacturing. When his father-in-law died, he received permission to take two or three days off work to accompany his invalid wife to the funeral in Mexico. Gradilla’s wife had a serious heart condition that was exacerbated by stress.

Worker Terminated; Lawsuit Filed

Gradilla wound up staying in Mexico longer than he had planned to care for his wife. When he returned to work, he was terminated under a company policy to dismiss an employee who doesn’t show up or call in for three days.

Gradilla sued Ruskin for violating the California Family Rights Act (CFRA), which requires employers to provide workers with up to 12 weeks off in a 12-month period for family care and medical leave. He claimed he took the leave to care for a family member with a serious health condition—a permitted reason for leave under the CFRA.


Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.


Traveling to Funeral Is Voluntary

But the U.S. Ninth Circuit Court of Appeals sided with the employer, saying Gradilla’s leave didn’t qualify as “caring for a family member.” That’s because, the court said, his wife was voluntarily traveling for reasons unrelated to her medical condition, as opposed to traveling to seek medical attention. The court expressed concern that if Gradilla’s missed time was considered protected family leave, employees could make similar claims whenever ill family members wanted help while traveling for a personal reason.

What You Can Do

An employee may be entitled to CFRA leave if they must travel with a family member who has a serious health condition, but the travel must be related to medical treatment. As this ruling shows, the time off won’t be protected if the travel is for personal, nonmedical reasons.

If an employee requests time off to travel with a seriously ill family member and you’re unsure whether this qualifies under CFRA or the federal Family and Medical Leave Act, you can request medical certification from the family member’s healthcare provider supporting the need for the leave. 

 

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