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Wash. Court of Appeals published opinion — 352625_pub.pdf

Citation
Wash. Court of Appeals published opinion — 352625_pub.pdf
Jurisdiction
Washington (state)
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official_capture_completeness_unverified

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she was unable to work due to the pain. Apple King did not request medical

documentation from Ms. Espindola to verify her explanations.

Ms. Espindola began her maternity leave on January 9, 2012, and returned to work

on March 4. During her maternity leave, Ms. Espindola reportedly had her kidney stones

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 35262-5-III
Espindola v. Apple King

removed. Apple King did not assess Ms. Espindola any attendance points for her

maternity leave.

Apple King fired Ms. Espindola on April 20, 2012, because she had exceeded the

24 points allowed annually by the company’s attendance policy. The following chart

illustrates Ms. Espindola’s absences from work between May 1, 2011, and April 20,

2012, and the points she was assessed under the attendance policy:

Disposition Reason for Absence Record
Date Points
and/or Disposition (CP)

Left work early (late proof of
May 20, 2011 Unexcused 2 239-40
appointment)

June 6, 2011 Excused Dental appointment 0 252-53

June 10, 2011 Excused Doctor appointment 0 252-53

July 8, 2011 Excused Illness (bladder infection) 0 254-55

July 12, 2011 Excused Doctor appointment 0 256-57

Left work early (same day notice of 38, 50,
July 20, 2011 Unexcused 2
appointment) 258

Illness (note from doctor dated July 38, 50,
July 21, 2011 Excused 0
21 calls for 2 days bed rest) 258-59

6
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 35262-5-III
Espindola v. Apple King

Disposition Reason for Absence Record
Date Points
and/or Disposition (CP)

Illness (note from doctor dated July 38, 50,
July 22, 2011 Excused 0
21 calls for 2 days bed rest) 258-59

Aug. 1, 2011 Excused Doctor appointment 0 260-61