Under the Family and Medical Leave Act ("FMLA"), an employee is entitled to protected leave if he or she has a "serious health condition," which includes a period of incapacity of three or more consecutive calendar days, coupled with either two or more physician visits or at least one visit and a continuing regimen of treatment. In Schaar v. Lehigh Valley Health Services, Inc., the Third Circuit Court of Appeals (Philadelphia) clarified that lay evidence can supplement medical evidence to establish a qualifying incapacity. The plaintiff in Schaar had a medical note that stated that she would be incapacitated due to illness for two days, but the plaintiff asserted that she spent two additional days in bed with pain, fever and vomiting. The court held that plaintiff's assertion of prolonged incapacity, together with the medical evidence showing the incapacity was due to the health condition, was sufficient to present a triable issue of fact on the FMLA interference claim. California and Washington employers should note that the Ninth Circuit Court of Appeals (San Francisco) has held that lay evidence by itself is sufficient to establish a triable issue of incapacity