Sounds like the beginning of a bad joke, right? A decision by a federal district court in Minnesota provided a punch line and it turns out it’s not so funny. According to the court in Fries v. TRI Marketing Corp., an employee can claim Family and Medical Leave Act (FMLA) protection when two health conditions result in health-related absences of less than 3 days each.
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In rejecting the employer’s motion for summary judgment, the federal district court in Minnesota held that the cumulative effect of multiple health conditions may be considered by a jury to determine whether an employee suffered from a serious health condition under the FMLA, even though each condition on its own likely did not qualify as a serious health condition.
The court relied on decisions by the 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—and 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—holding that while two conditions considered separately do not constitute a “serious health condition,” together they can be sufficient to trigger the FMLA.