Montoya

FACTS AND PROCEDURAL HISTORY

Montoya commenced her career as a correctional officer at WSP in 2004. Beginning in 2010, Montoya has applied annually for and obtained FMLA leave to provide time to help to her mother who has a medical condition for which she needs Montoya’s intermittent assistance including transportation to and from regular medical appointments.2 Since 2010, Montoya has used her monthly FMLA leave on an as-needed basis, depending on the severity of her mother’s medical condition. As a result, in some months Montoya used more than the approved number of FMLA leave days, while in others she used fewer than the approved number of FMLA leave days. Montoya has never been admonished or counseled for exceeding her approved FMLA leave.

Montoya did not obtain FMLA leave in 2013; due to a work-related injury, she did not work the requisite number of hours to qualify.

3. Montoya’s Form 2201 Completed by Health Care Provider On November 30, 2015, Montoya obtained from WSP the required FMLA renewal documents for the 2016 calendar year, including a “Certification of Health Care Provider” form “CDCR 2201” (Form 2201). A significant portion of Form 2201 must be completed…