Canupp

MEMORANDUM AND ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT'

I. Brief Factual and Procedural Background

Plaintiff Tina Canupp began working as the Health and Wellness Manager for defendant Children’s .Receiving Home of Sacramento (“CRH”) on October 31, 2010. In December 2013, she experienced back pain and anticipated having back surgery. To accommodate this disability, she went on leave protected by the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654 , and California Family Rights Act (“CFRA”), Cal. Gov’t Code § 12945.2. CRH calculated that her leave under the FMLA and CFRA would expire on January 11, 2014. Because plaintiff could not resume working by that date, CRH provided plaintiff with an additional thirty days of personal leave. "When plaintiff did not return to work at the expiration of her personal leave, CRH terminated plaintiff.

Plaintiff initiated this action, alleging that CRH failed to reasonably accommodate her disability and terminated her when she was still entitled to FMLA and CFRA leave in retaliation for her disability. Plaintiff also alleges that CRH terminated her in retaliation for reports she had made to the California Department of Social…