Failure to Allow Opportunity to Cure Certification Creates FMLA Interference Claim: Third Circuit | Practical Law
In Hansler v. Lehigh Valley Hospital Network, the US Court of Appeals for the Third Circuit held that a hospital employer's failure to allow an employee to cure an insufficient Family Medical Leave Act (FMLA) certification supported an FMLA interference claim. The court rejected the employer's contention that the FMLA certification was invalid because it did not show that the employee had a serious health condition. The court reversed a grant of summary judgment for the employer on the employee's FMLA interference and retaliation claims.