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Federal Employment Law

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  Third Circuit Holds that Medical Evidence and Lay Testimony Combined May Be Sufficient to Establish a Serious Health Condition Under the FMLA.

  Posted: March 16th, 2010, 1:00am EDT

  The U.S. Court of Appeals for the Third Circuit recently ruled in Schaar v. Lehigh Valley Health Servs., Inc., et al., 2010 WL 825257 (3d. Cir. 2010), that a combination of medical evidence and lay testimony can establish a question of material fact as to whether an employee has a "serious health condition" under the Family and Medical Leave Act ("FMLA"). In doing so, the Third Circuit adopted a middle-ground approach in a growing split among the courts that have addressed this question.