LONICKI v. SUTTER HEALTH CENT.

No. S130839.

74 Cal.Rptr.3d 570 (2008)

43 Cal.4th 201

180 P.3d 321

Antonina LONICKI, Plaintiff and Appellant, v. SUTTER HEALTH CENTRAL, Defendant and Respondent.

Supreme Court of California.

April 7, 2008.


Attorney(s) appearing for the Case

Martin F. Jennings, Jr., Granite Bay, The deRubertis Law Firm, David M. deRubertis and David A. Lesser, Woodland Hills, for Plaintiff and Appellant.

Patricia A. Shiu, Elizabeth Kristen, Sharon Terman and Joseph R. Grodin, San Francisco, for Asian Law Caucus, California Employment Lawyers' Association, California Women's Law Center, Disability Rights Education and Defense Fund, Inc., Equal Rights Advocates and The Legal Aid Society—Employment Law Center as Amici Curiae on behalf of Plaintiff and Appellant.

Riegels Campos & Kenyon, Kenyon Yeates, Jeffrey Owensby and Charity Kenyon, Sacramento, for Defendant and Respondent.

Latham & Watkins, Joel E. Krischer, Los Angeles, and Kristin R. Lewis for Employers Group and California Employment Law Council as Amici Curiae on behalf of Defendant and Respondent.


KENNARD, J.

Under the Moore-Brown-Roberti Family Rights Act (Gov.Code,1 §§ 12945.1, 12945.2; hereafter CFRA) a full-time employee is entitled to a medical leave of absence for a "serious health condition" that makes the employee "unable to perform the-functions of the position of that employee." (§ 12945.2, subd. (c)(3)(C).) In this case, an employee claiming major depression...

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