Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Wednesday, September 5, 2012

Visit To Doctor To Pick Up Prescription Refill Not Considered Treatment Under FMLA

The 7th Circuit recently held that an employee who did not receive actual medical treatment during a specific absence could not support an FMLA interference claim for his termination. Jones v. C&D Technologies, Inc., 7th Cir, No. 11-3400, June 28, 2012.

A vist to the doctor to get a prescription refill was not considered treatment. What about a visit to the doctor to take blood? Or a visit to get an X-Ray? I cannot imagine that this case will be adopted by a majority of courts.

Mitchell H. Rubinstein

FMLA | Permalink


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Posted by: due diligence | Sep 6, 2012 1:52:27 AM

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