Third Circuit: A Combination of Medical and Lay Evidence Can Establish “Serious Health Condition” Under The FMLA
Earlier this month, the Third Circuit Court of Appeals addressed an issue of first impression for the Court: whether a combination of medical evidence and lay evidence is sufficient to establish that an employee was incapacitated for more than three days, and thus, suffered from a “serious health condition” under the FMLA. In Schaar v. Lehigh Valley Health Services, Inc., 09-1635, the Third Circuit answered this question in the affirmative.
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