“What did I do wrong?” and “Am I doing this correctly?” are frequent questions from clients regarding FMLA administration. This is the nineteenth in a series highlighting some of the more common mistakes employers can inadvertently make regarding FMLA administration.
Not carefully analyzing whether an employee is eligible for FMLA leave due to inpatient care
Employers commonly deal with FMLA leaves under the “continuing treatment” prong of the definition of a serious health condition, which requires an employee to be incapacitated for 3 or more days. However, another prong of the serious health condition definition is “inpatient care.” The FMLA regulations define “inpatient care” as an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with the inpatient care. 29 CFR § 825.114. Employers should carefully analyze whether this prong of the definition is met to properly determine whether an employee’s time is protected under the FMLA. Courts have had some unique interpretations of this definition.
In Bonkowski v. Oberg Indus., 787 F.3d 190 (3d Cir. 2015), the Third Circuit Court of Appeals determined that an overnight stay under the inpatient care definition of the FMLA is met when an individual stays for a “substantial period” of time in the facility. The employee-plaintiff arrived at the hospital shortly before midnight...
