Two courts have ruled that an employee can establish that he or she was entitled to FMLA leave based on a "serious health condition" by a combination of expert and lay testimony regarding their inability to work because of illness. In a recent case, Schaar v. Lehigh Valley Health Services, No. 09-1635 (March 11, 2010), the United States Court of Appeals for the Third Circuit ruled that the employee sufficiently established her entitlement to FMLA leave based on a "serious health condition" through a a doctor's note that covered two days of her absence and her own testimony that she remained sick for three more days.
You can read a further discussion of the Schaar case at the Kentucky Employment Law Blog posting by Robert Abell, "FMLA Leave Entitlement May Be Established by Combination of Expert and Lay Testimony."
If you believe that your rights under the Family Medical Leave Act (FMLA) have been violated, contact Lexington, Kentucky FMLA and employment lawyer Robert Abell at 859-254-7076.
