Employment Law | Expert Legal Commentary
May 28, 2010
Schaar v. Lehigh Valley: Medical + Lay Evidence Can Establish FMLA Eligibility
Rachael Schaar v. Lehigh Valley Health Services Inc.
By
Jeremy J. Gray of Zuber & Taillieu LLP
In a case of first impression, the U.S. Court of Appeals for the Third Circuit has ruled that an employee’s self-serving lay testimony, in combination with medical evidence, can be sufficient to establish a “serious medical condition” under the Family and Medical Leave Act (FMLA). The case, Rachael Schaar v. Lehigh Valley Health Services Inc., 598 F.3d 156 (3rd Cir. 2010), diverted from the previous practice of district courts in the Third Circuit, which had required that supporting evidence come exclusively from a medical provider. More importantly, the case sounds a warning to all employers to proceed with extreme caution when taking action adverse to employees shortly after they claim sick leave of any duration, for any reason.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu LLP, focusing on employment law.
Image Credit: ©iStockphoto.com/Pictac