When FMLA Eligibility is Determined

The U.S. Court of Appeals for the Third Circuit has ruled that an employee must establish that a particular condition qualifies as a serious health condition under the Family and Medical Leave Act (“FMLA”) when the leave is requested or taken.

WHY THIS IS IMPORTANT…In this case, an employee took leave from work on several occasions due to migraine headaches. After his termination was recommended due to the absences, the employee requested leave under the FMLA and visited a physician to obtain paperwork supporting his FMLA claim. A jury determined the employer was liable, but the district court overruled the jury, determining that, as a matter of law, the employee failed to demonstrate his serious health condition. The appellate court affirmed that decision.