SEPTA fired Ephriam Rodriquez from his job as a bus driver for excessive absences. Rodriguez sued, claiming that the termination violated his rights under the FMLA because a migraine headache caused his final absence (a fact of which he advised SEPTA prior to his termination). The 3rd Circuit concluded that the FMLA did not protect Rodriquez's absence because his migraines did not qualify as a "serious health condition."
How could this be? Because Rodriquez hadn't visited a healthcare provider before his absence.
The FMLA defines a "serious health condition" as one that requires periodic treatment from a healthcare provider—at least twice a year for chronic conditions like migraines. Rodriquez had never sought treatment for his migraines until after his absence, and only to obtain paperwork for his FMLA claim. Up to that point, he relied on home remedies like ginger root tea and Tylenol. The court made it clear: to trigger FMLA protections, you must receive medical care when you request leave, not weeks later for documentation.
What's the takeaway for employers? Make sure you understand how the FMLA's timing requirements work. Rodriquez couldn't prove he had a "chronic serious health condition' at the time of his absence because he hadn't first visited a doctor. A simple review of medical records confirmed it. No doctor, no FMLA, no job.
The FMLA defines a "serious health condition" as one that requires periodic treatment from a healthcare provider—at least twice a year for chronic conditions like migraines. Rodriquez had never sought treatment for his migraines until after his absence, and only to obtain paperwork for his FMLA claim. Up to that point, he relied on home remedies like ginger root tea and Tylenol. The court made it clear: to trigger FMLA protections, you must receive medical care when you request leave, not weeks later for documentation.
What's the takeaway for employers? Make sure you understand how the FMLA's timing requirements work. Rodriquez couldn't prove he had a "chronic serious health condition' at the time of his absence because he hadn't first visited a doctor. A simple review of medical records confirmed it. No doctor, no FMLA, no job.