An employer did not violate the federal Family and Medical Leave Act by requiring an employee to undergo a fitness-for-duty evaluation after it had restored her to her position following a medical leave of absence for psychological issues, the California Court of Appeal has ruled. White v. County of Los Angeles, No. B243471 (Cal. Ct. App. Apr. 15, 2014). Reversing a permanent injunction prohibiting the employer from requiring the evaluation, the Court noted the request for an evaluation was appropriate, given the employee’s erratic conduct prior to her leave and the requirement that she carry a weapon as part of her job. To read more, click here.

Photo of Mark S. Askanas Mark S. Askanas

Mark S. Askanas is a principal in the San Francisco, California, office of Jackson Lewis P.C. He joined the firm in 1988 and is a senior employment law litigator who has served as lead counsel for cases in state and federal courts, as…

Mark S. Askanas is a principal in the San Francisco, California, office of Jackson Lewis P.C. He joined the firm in 1988 and is a senior employment law litigator who has served as lead counsel for cases in state and federal courts, as well as arbitration forums, throughout the western United States.

Mark practices all forms of complex litigation, including class actions and cases involving trade secrets and confidential information. He also counsels employers on all facets of employment law including, but not limited to, wage and hour issues and best preventive employment practices. He regularly speaks throughout the United States to employer groups and trade associations on these and other topics.