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Employee's Own Testimony Can Help Prove FMLA Eligibility
PLANSPONSOR; free registration may be required Link to more items from this source
[Guidance Overview]
Mar. 17, 2010
Excerpt: A federal appellate court has ruled that an employee's own testimony can be used in conjunction with medical evidence to prove eligibility for Family and Medical Leave Act (FMLA) leave. Setting its precedent, the 3rd U.S. Circuit Court of Appeals noted the regulation at issue in this case provides that the ambiguous statutory language 'continuing treatment by a health care provider,' can be satisfied by showing at least three days of incapacitation, but does not speak to whether medical testimony is required.

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