Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively
On Oct. 11, 2024, the Third Circuit Court of Appeals filed a unanimous, precedential opinion affirming judgment as a matter of law in favor of Southeastern Pennsylvania Transportation Authority (SEPTA) in a Family and Medical Leave Act (FMLA) interference and retaliation case. The Court’s decision provides clear guidance to employers within the Third Circuit (which includes Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands) that an employee does not have a “chronic serious health condition” if the employee is evaluated by a health care provider and obtains FMLA certification regarding the condition after the fact. The Court definitively held that FMLA entitlements only apply prospectively, i.e.,after the condition is certified. Employers are not required to apply FMLA entitlements retroactively, i.e., before the date of certification.
Following trial in the U.S. District Court for the Eastern District of Pennsylvania, the jury entered a split verdict, finding in favor of SEPTA on the FMLA retaliation claim but in favor of the plaintiff on the FMLA interference claim. On appeal to the Third Circuit, SEPTA argued that the jury verdict should be overturned on the interference claim because the plaintiff was not entitled to protections under the FMLA when he incurred an absence for a migraine headache that led to his termination from employment under SEPTA’s “no-fault” attendance policy.
The Third Circuit agreed that the plaintiff failed to establish that he suffered from a “chronic serious health condition” on the day of the absence — June 8, 2018 — that resulted in his termination from employment. The Court found that it was irrelevant that the plaintiff, a union employee who continued working pending the outcome of the discharge grievance process, subsequently applied and was approved for intermittent FMLA leave effective on July 3. The Court further found that the plaintiff was required to prove that as of June 8 his migraines required at least two treatment visits with a health care provider within a one-year period. At trial, the plaintiff admitted that no health care provider diagnosed him as suffering from migraines or prescribed him medication for migraines until he presented FMLA paperwork to his provider on July 3. This was also the plaintiff’s one and only doctor’s visit to obtain treatment for his migraines.
Stevens & Lee’s Brad Kushner and Alex Batoff defended SEPTA as outside legal counsel throughout this precedential federal court litigation. If you have any questions, please contact Brad Kushner at 215.751.1949, Alex Batoff at 215.496.3827 or the Stevens & Lee attorney with whom you regularly work.
