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Third Circuit: Combination of Lay and Expert Evidence Can Establish FMLA Incapacity by William R. Horwitz
Porzio, Bromberg & Newman P.C. - Morristown Office
Damian Shammas
Porzio, Bromberg & Newman P.C. - Morristown Office
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March 29, 2010
Previously published on March 2010
This month, the U.S. Court of Appeals for the Third Circuit addressed a significant issue that has split the circuits. In Schaar v. Lehigh Valley Health Services, Inc., 2010 U.S. App. LEXIS 5172 (3d Cir. Mar. 11, 2010), the Court considered whether a combination of expert medical and lay evidence that an employee was incapacitated for more than three days can establish a “serious health condition” entitling the employee to leave under the Family and Medical Leave Act, 29 U.S.C. § 2601, et seq. (the “FMLA”). Addressing this issue of first impression for the Court, the Third Circuit reversed summary judgment for the employer and held that such evidence may be sufficient to satisfy an employee’s “burden of proving three days of incapacitation.”
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