By Bradley Bakker, JD
An employee alleging interference and retaliation under the Family and Medical Leave Act (FMLA) needs more than a single doctor’s visit to raise a viable claim against his employer.
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A recent 8th Circuit—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—decision demonstrates that to succeed in an FMLA case, an employee must establish that he suffers from a “serious health condition” as defined by the Act and its accompanying regulations.
Read on to see why a single doctor’s visit was found insufficient under the unique facts of this case and when a single doctor’s visit can be enough to entitle your employee to FMLA leave.