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

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Wash. Court of Appeals published opinion — 352625_pub.pdf
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Washington (state)
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birth . . . of a child.” 29 U.S.C. § 2601(b)(1), (2). Similarly, Washington’s Family Leave

Act (WFLA), chapter 49.78 RCW, states it is “in the public interest to provide reasonable

leave for medical reasons.” RCW 49.78.010. The WFLA mirrors the FMLA and

provides that courts are to interpret its provisions in a manner consistent with similar

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

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

provisions of the FMLA. RCW 49.78.410 (The WFLA “must be construed . . .

consistent[ly] with similar provisions, if any, of the [FMLA] . . . and [provide]

consideration to the rules, precedents, and practices of the federal department of labor

relevant to the [FMLA].”); Shelton v. Boeing Co., 702 Fed. App’x 567, 568 (9th Cir.

2017); Crawford v. JP Morgan Chase NA, 983 F. Supp. 2d 1264, 1269 (W.D. Wash.

2013).

The substantive right enjoyed by employees under the FMLA and WFLA is the

ability to take 12 weeks’ leave from work per year for protected health or family reasons

without suffering negative employment consequences. 29 U.S.C. §§ 2612(a)(1), 2614(a);

RCW 49.78.220, .280. To safeguard this right, both the FMLA and WFLA prohibit

employers from discriminating and retaliating against employees who engage in protected

conduct. 1 The laws recognize two types of prohibited discrimination and retaliation.

First, 29 U.S.C. § 2615(a)(2) and RCW 49.78.300(1)(b), make it unlawful for an

employer “to discharge or in any other manner discriminate against any individual for

opposing any practice made unlawful by” the FMLA and WFLA. Second, 29 C.F.R.