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If Your Employee Checks Into the Hospital After Midnight, Is It an 'Overnight Stay' Under the FMLA?
FMLA InsightsLink to more items from this source
June 12, 2015

"[T]he trial court had determined that the employee had to stay at the hospital from 'sunset on one day to sunrise the next day.' That was not workable, according to the appellate court. After all, how could that principle work on a wintry December day in Fairbanks, Alaska, where those poor souls live in near darkness the entire day? Ultimately, the court determined that an 'overnight' stay had to constitute a 'substantial period of time' from one calendar day to the next calendar day 'as measured by the individual's time of admission and time of discharge.' ... Short of creating a bright line rule, the court suggested that 'a minimum of eight hours would seem to be an appropriate period of time.' But it left closer analysis of this eight-hour time frame to another day." [Bonkowski v. Oberg Ind., No. 14-1239 (3rd Cir. May 22, 2015)]

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