Third Circuit Clarifies “Serious Health Condition” Timing Requirement for FMLA purposes

The Third Circuit Court of Appeals recently clarified the relevant timing for determining whether an employee suffers from a serious health condition that qualifies them for FMLA leave. In this case, the employee faced termination based on a pattern of absences. His final absence was due to a migraine headache. Before the employer terminated him, he sought medical care and applied for FMLA leave. The Third Circuit rejected his claim, and in the process clarified that he did not yet suffer from a medically documented serious health condition at the time he missed work. Under the court's ruling, the “operative time for determining whether a particular condition qualifies as a serious health condition is the time that leave is requested or taken.” The court further reasoned that “a patient does not have a ‘serious health condition’…if he waits to see a healthcare provider until after the relevant absences.” For more information on employee rights under the FMLA, visit Tax Facts Online. Read More: Link to Q3511.