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Lewis v. U.S.A. and Michael B. Donley, Sect. of the Air Force, 9th Cir., N0. 10-35624, May 26, 2011.

Articles Discussing Case:

Insufficient medical information justifies refusal of FMLA leave.

Ogletree Deakins • May 31, 2011
The federal regulations that support the Family and Medical Leave Act require that an employee submit to his or her employer certain medical facts within the knowledge of the employee’s health care provider, including information related to the incapacitation, examination, or treatment that may be required by a health care provider. The 9th U.S. Circuit Court of Appeals has held that a federal employer had the discretion to convert an employee’s conditionally granted FMLA leave to an “absent without leave (“AWOL”) status after the employee refused to provide more than minimal information about the reasons for her requested leave.

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