Lay Testimony Can Create Fact Issues in FMLA Cases
Self-diagnosis combined with medical testimony can create material issue.
June 30, 2010 at 08:00 PM
18 minute read
On Wednesday, Sept. 21, 2005, Rachael Schaar received medical treatment for an illness at Lehigh Valley Health Services, where she worked as a medical receptionist. The doctor prescribed antibiotics and wrote a note to Schaar's supervisor, explaining that the illness prevented her from working that day or the next.
After the appointment, Schaar taped the note to her supervisor's door and went home. However, she did not return to work until the following Tuesday, missing a total of four days of work. Schaar's supervisor, Patricia Chromczak, threatened to fire her for violating the company policy that required employees to call in before taking sick days. Schaar said she thought posting the note on the door was sufficient.
Coincidentally, Schaar had also scheduled vacation days the Friday and Monday she stayed home, although she told Chromczak she was sick the whole weekend. Schaar never asked to convert the vacation days to sick days, and she never requested leave under the Family and Medical Leave Act (FMLA).
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