Maria Escriba worked in a Foster Poultry Farms, Inc. (Foster Farms) processing plant in Turlock, California for 18 years. She was terminated after failing to comply with the company's "three day no-show, no-call rule" following the end of a previously approved leave she took to care for her ailing father in Guatemala.
She filed suit under the Family and Medical Leave Act (FMLA) and California's equivalent, and the parties disputed whether her later request for an additional two-week leave should have been treated as FMLA leave.
Escriba said her termination unlawfully interfered with her FMLA rights; Foster Farms said she had explicitly declined to have that time counted as FMLA leave.
A district court described the case as a "he said, she said" dispute about what she told supervisors, and the matter went to a jury that returned a verdict for Foster Farms.
Reading the record gives the clear impression that poor communication played a central role.
Her primary language was Spanish, and whether by confusion or misunderstanding this conflict might have been avoided with a clearer FMLA leave process.
She likely sought paid leave because of financial constraints, and after her agreed non‑FMLA leave ended she did not notify the employer that she would continue to be absent, which led to termination under the attendance rule.
Lessons learned
- Make sure someone can clearly explain the legal obligations surrounding any leave request to the employee, and provide language support when needed so supervisors and managers do not have to improvise.
- Treat FMLA and other leaves as a process, not a one‑time event; use a checklist, document each step, and train supervisors on how to handle leave requests and designations.
- Be proactive and compassionate: where appropriate, offer assistance and explore options before moving directly to termination, since rigid application of rules can produce costly disputes and added hardship.
Employers should document communications and decisions about leave, train staff to follow consistent procedures, and offer language assistance when necessary.
Employees should ask for clarification in writing and confirm whether a leave will be designated as FMLA if they believe they qualify.
Frequently Asked Questions
What should an employer do when an employee requests leave?
Provide clear information about available leave options, follow required notice procedures, and document all communications and decisions.
Can an employee decline FMLA designation for their leave?
An employee may express a preference, but employers should follow applicable notice and designation rules when they have enough information to determine FMLA eligibility.
How can language barriers be addressed during leave requests?
Use qualified interpreters or translated materials, and ensure the employee understands their rights and responsibilities before final decisions are made.
What steps reduce the risk of disputes over leave?
Use standard procedures and checklists, document conversations in writing, confirm designations with the employee, and train managers on compliance and communication.