Wednesday, September 5, 2012
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