Jones v. Denver Public Schools, No. 04-1447, Tenth Circuit Court of Appeals (November 2, 2005)
Articles Discussing Case:
Employee's back injury is not a "serious health condition" (pdf).
Ogletree Deakins • December 19, 2005
The federal appellate court with
jurisdiction over Kansas employers
recently dismissed a lawsuit brought
by an employee who claimed that his
termination violated the Family and
Medical Leave Act (FMLA). According
to the Tenth Circuit Court of Appeals,
an employee who has received a single
treatment for an injury does not satisfy
the FMLA’s “serious health condition”
requirement. Moreover, the court refused
to give employees an “indefinite
timeframe” within which to obtain a
second treatment.
