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Article Index » fmla » serious health conditions
Report Link More Than One Medical Treatment Necessary To Constitute Serious Health Condition (pdf).
Buchanan Ingersoll & Rooney PC - January 09, 2006
The U.S. Court of Appeals for the Tenth Circuit recently concluded that a Colorado telecommunications technician who had a single medical treatment for back pain during a leave from work was not protected by the Family and Medical Leave Act ("FMLA") because his medical condition was not serious or continuing.
Report Link 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.
Report Link FMLA Requires Three Full Days of Incapacity for "Serious Health Condition," Federal Appeals Court Rules.
Jackson Lewis LLP - October 27, 2003
A hospital employee could not claim that several intermittent and partial day absences caused by a workplace injury amounted to a period of incapacity constituting a "serious health condition" under the Family and Medical Leave Act.
Report Link The Family Medical Leave Act Does Not Automatically Deny Coverage To Claims Which Fail To Document Treatment.
Ballard Rosenberg Golper & Savitt - March 18, 2002
Discusses Scamihorn v. General Truck Drivers, 2002 Daily Journal D.A.R. 2517 (9th Cir., Mar. 4, 2002), in which the court analyzes whether plaintiff's father's depression constituted a "Serious Health Condition" and whether plaintiff "cared for" his father.

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