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Who Decides Whether an Employee Is Sick Enough for FMLA Leave?
Barker Olmsted & Barnier 
[Guidance Overview] Apr. 8, 2010
Excerpt: An employee may be entitled to a protected leave of absence under the FMLA when she has a serious 'medical condition' during a 'period of incapacity.' Who decides whether the employee is incapacitated? A doctor? The employee? A recent case titled Schaar v. Lehigh Valley Health Services, Inc. wrestled with this issue.
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