Employment — FMLA

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U.S. Court of Appeals for the 7th Circuit

Civil

Employment — FMLA

A plaintiff in an FMLA action is not required to produce expert testimony that his serious health condition rendered him unable to work during his absence.

“Hansen’s evidence raises a material issue of fact as to whether he was unable to perform the functions of his job because of his serious health condition on the days he was absent. Although Dr. Post’s certification does not specifically cover the July absences, the certified need for intermittent leave could support a finding that Hansen’s chronic serious health condition rendered him unable to work on the days in question. Our decision does not require FMG to go through a costly trial merely on Hansen’s own say-so that his depression required him to be absent from work. In addition to his own testimony about his incapacity, Hansen has Dr. Post’s medical certification that he has a serious health condition that will cause episodic flare-ups that prevent him from per-forming his job and make it medically necessary for him to be absent from work. Presumably, Dr. Post would testify in accordance with his certification. Whether a jury will credit Hansen’s claims of incapacity due to his depression on the July dates remains to be decided. The jury can weigh Hansen’s testimony against the medical certification and any testimony Dr. Post provides that may add to or detract from Hansen’s claims, along with all the other evidence, to determine whether Hansen was entitled to FMLA leave for his July 2011 absences.”

Reversed and Remanded.

13-3391 Hansen v. Fincantieri Marine Group, LLC

Appeal from the United States District Court for the Eastern District of Wisconsin, Griesbach, J., Tinder, J.