Daily Labor Report ®

Case: Wage & Hour/FMLA Interference (3d Cir.)

Jan. 14, 2021, 3:57 PM

The Third Circuit ruled that a former Penn State Hospital administrative secretary was properly denied a trial on her claim that the hospital interfered with her rights under the Family and Medical Leave Act when it discharged her for failing to comply with its policy on reporting absences, even though she had requested and was approved for FMLA leave for various days over a 12-month period for her irritable bowel syndrome and vertigo. In addition to obtaining approval from the hospital’s third-party FMLA administrator, she was also required to to call in sick during work hours and report the absence...

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