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Third Circuit Issues Bright-Line Interpretation of FMLA's 'Overnight Stay' Rule
Mintz LevinLink to more items from this source
June 22, 2015

"After rejecting several approaches offered by the parties, including a 'sunset-sunrise' definition to 'overnight stay' and a 'totality of the circumstances' approach, the court ultimately held that 'overnight stay' means a stay 'for 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.' In addition, the court held that the stay must be for a 'substantial period of time,' and opined that a minimum of eight hours would be an appropriate period of time." [Bonkowski v. Oberg Ind., No. 14-1239 (3rd Cir. May 22, 2015)]

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