March 19, 2010 | No Comments
Posted by admin
The federal Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of leave in a 12-month period for the employee’s own “serious health condition” or to care for a family member with such a condition. One way for an employee to establish their own “serious health condition” is to show a period of incapacitation of more than three consecutive days so long as there is treatment by a health care provider. On March 11, 2010, the U.S. Court of Appeals for the Third Circuit (which covers New Jersey) held in Schaar v. Lehigh Valley Health Services that an employee can establish the required period of incapacitation through their own subjective testimony and diagnosis, even if the doctor’s note indicates a period of incapacitation of less than three days.
Rachael Schaar was an employee of Lehigh Valley Health Services. Schaar’s physician provided a note stating Schaar would be unable to work for two days. In accordance with the note, Schaar was out of work on a Wednesday and Thursday. Schaar had previously scheduled vacation days for that Friday and the following Monday. Thus, Schaar returned to work on the Tuesday, and stated to her supervisor she was sick from Wednesday through Monday. Six days later, Schaar was discharged because, according to her supevisor, she “brought a note from her doctor for a 2 day excuse from work. She taped the note to her manager’s door and left, never calling off from work.”
Schaar sued Lehigh Valley for wrongful discharge and denial of rights under the FMLA. Lehigh Valley argued Schaar did not qualify for leave under the FMLA because she failed to establish she was medically incapacitated for more than three days, and failed to give proper notice that she may qualify for leave under the FMLA. The lower court dismissed the case, holding that Schaar failed to present sufficient medical evidence that she was incapacitated for more than three days.
However, on appeal, the case was reinstated. Importantly, the appellate court concluded that the doctor’s note stating Schaar was incapacitated for two days combined with Schaar’s testimony that she was sick for an additional two days created an issue of material fact as to whether Schaar suffered from a “serious medical condition” under the FMLA.
Under Schaar, an employee’s own report of incapacitation could be sufficient to invoke the protections of the FMLA, if combined with treatment by a health care provider. Thus, employers must take into account an employee’s own statements pertaining to their illness before discharging an employee for improper sick leave. Employers should also train managers and supervisors to identify FMLA-related issues, even when the employee does not expressly reference the FMLA or specifically request leave under the FMLA.