Split 9th Circuit Panel Rules On Rotational Employee FMLA Leave

Mealey's (February 9, 2021, 4:10 PM EST) -- ANCHORAGE, Alaska — Alaska did not err in calculating leave under the Family and Medical Leave Act (FMLA) for employees who work a rotational schedule of “one week on, one week off” by counting both on and off weeks against employees’ entitlement, a divided Ninth Circuit U.S. Court of Appeals panel ruled Jan. 15, finding that the secretary of Labor’s interpretation was not entitled to deference and reversing a trial court’s grant of summary judgment to the secretary....