Scamihorn v. General Truck Drivers

FOR PUBLICATION Argued and Submitted October 18, 2001--Pasadena, California Dissent by Judge Fernandez OPINION This case concerns the construction and application of the Family and Medical Leave Act (""FMLA""), 29 U.S.C. § 2601 et seq. Adopted by Congress in 1993 to address conflicts facing working men and women confronted with their or their family members' serious health problems, the FMLA under certain conditions guarantees employees an amount of unpaid leave each year to deal with such problems. It provides that employees returning from such leave must be returned to the same or an equivalent position. Joseph Scamihorn, Jr. (""Scamihorn"") faced such a conflict after his sister was murdered by her ex-husband, causing Scamihorn's 73-year-old father, Joseph Sr., to fall into a deep depression. After discussions with his employer, Albertson's, Scamihorn left his job as a truck driver for several months to provide assistance and comfort to his ailing father. When he sought to return to work, Scamihorn found he had to start over as a probationary employee with no seniority. Scamihorn contends his circumstances fell under the protection of the FMLA, so Albertson's was required to treat his absence as an unpaid leave and to reinstate him in his previous job and seniority level based on his original start date.