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Lay evidence may be used to prove "incapacity" under FMLA
  • Fenwick & West LLP
  • USA
  • April 13 2010

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.

Victor Schachter
  • Fenwick & West LLP