When determining whether an employee meets the Family and Medical Leave Act's () definition of an incapacity for purposes of establishing a serious health condition, most employers rely on medical opinion. Expert medical testimony alone, however, isn't all that you should consider. According to a recent case out of the 3rd Circuit, employers should also give credence to the employee's own diagnosis of their illness.
Case in point: An employee was diagnosed with a urinary tract infection. Her treating physician wrote a note to her supervisor stating that her illness prevented her from working on Wednesday and Thursday. The employee taped the note to her supervisor's door and went home.
It just so happened that the employee had previously scheduled vacation time that Friday and following Monday. According to the employee, she spent Friday and Saturday sick in bed. Sunday she felt slightly bette...(register to read more)