Full incapacitation required under three-day FMLA requirement

A federal district court ruled that an employee's Family and Medical Leave Act (FMLA) claim failed because an employer had shown that the employee did not meet the requirements of a "serious health condition" under the FMLA, as his duration of incapacity did not exceed three days. Although the employee contended that he was incapacitated August 3-5, evidence showed he only missed the last 25 minutes of work on August 3, and the rule under the FMLA required full, not partial, incapacitation, concluded the court.

The employee was discharged based on the employer's no-fault attendance policy, which allowed for an employee's termination on the sixth absence-occurrence. The employee then filed a claim for violations of his FMLA rights. The employer contended that the employee failed to show that he had a serious health condition, because he was not off work for three days due to incapacity, within the meaning of the FMLA. The employee contended that he was incapacitated for three days, as he was off August 4 and 5, and did not work the last 25 minutes of August 3.

The court concluded that August 3, being shown as only a partial day of incapacitation, would not count as a full day of incapacitation, as was required. In so finding that there was no credible evidence that the employee's injury exceeded three days in duration, the court found that he did not suffer from a serious health condition as defined by the FMLA, and partial summary judgment was awarded in favor of the employer.

SOURCE: Sims v. The Kroger Co., No 1:07-cv-LJM-JMS, May 9, 2008.

Reprinted with permission. © CCH

A federal district court ruled that an employee's Family and Medical Leave Act (FMLA) claim failed, as his duration of incapacity did not exceed three days.