FMLA Interference – Third Circuit finds FMLA rights exist even without serious health condition

Yesterday, in Hansler v. Lehigh Valley Hospital Network, the Third Circuit held that even when FMLA paperwork is incomplete or does not contain a listed serious health condition, interference with a person’s FMLA rights can occur under 29 C.F.R. § 825.305(c) when the employer does not seek clarification of the missing information.  There is a blistering dissent that makes the argument that this creates a loophole in the FMLA regulations.  You can read more about it at on Eric Meyer’s excellent blog “The Employer Handbook” here or by reading the entire case here.

 

About James M. Scurlock

I practice law in the state and federal courts of both Tennessee and Arkansas. I have associations with attorneys practicing in Texas, Oklahoma, Mississippi, Alabama, and Georgia.

I have extensive involvement in litigation in the areas of contract, employment, and civil rights law.

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