Group 2: Chapter 7 Question 10 by Matt Puttmann

Court Decision:

Under the Family and Medical Leave Act, a “serious health condition” is any of the following:

A. Illness, injury, or condition that requires inpatient hospital care or
B. lasts more than three days and requires continuous treatment by health-care provider or
C. that involves pregnancy  or
D. long-term permanently disabling health condition or
E. absences for receiving multiple treatments for restorative surgery or
F. for a condition  that  would likely result in a period of incapacity of more than three days if it were not treated.

Group Decision:
Our group does not believe depression is a “serious health condition” as it is only present in the plaintiff 10-20% of the time.  She also only told her employer that she was merely “sick” without giving a more specific diagnosis. Finally, she also needed to make notice of her depression 30 days prior to qualify for FMLA privileges, which she did not.  After referencing this case, our group’s decision was again synonymous with courts in that the plaintiff “failed in her obligation to tell the employer enough to suggest that the FMLA may be pertinent.”