The cause of an injury is irrelevant under the FMLA, although it would be relevant to a claim based in tort law.
“We share the Sixth Circuit’s concerns about permitting recovery to an FMLA plaintiff on ‘exacerbation’ grounds and adopt its holding that exacerbation is not a valid theory of liability under the FMLA. See Edgar, 443 F.3d at 516. Since stress can adversely affect many common ailments from which physically infirm employees suffer, granting relief on this basis would contravene the straightforward premise of the FMLA—to protect employees from adverse actions by their employers during finite periods when short-term personal or family medical needs require it. When serious medical issues render an employee unable to work for longer than the twelve-week period contemplated under the statute, the FMLA no longer applies. This is true regardless of the cause of the infirmity.”
10-1982 Breneisen v. Motorola, Inc.
Appeal from the United States District Court for the Northern District of Illinois, Mahoney, Mag. J., Bauer, J.
TAGS: 7th Circuit Digest, Civil Digest, Employment Digest