Opinion

Novak v. MetroHealth Medical Center

  • 503 F.3d 572
  • 12 Wage & Hour Cas.2d (BNA) 1612
  • 2007 U.S. App. LEXIS 22884
  • 2007 WL 2807004
Court
Court of Appeals for the Sixth Circuit
Filed
Sep 28, 2007
Status
Published
Author
Heyburn
On the bench
Merritt and Batchelder, Circuit Judges Heyburn, Chief District Judge
Cited by
103 cases
Authority
More cited than 5.8%

holding that FMLA leave was not available to care for an employee’s newborn grandchild while the baby’s mother (the employee’s 18-year-old daughter) suffered from a short-term bout with postpartum depression, both because the employee’s adult child was not incapable of self-care (i.e., not under a “mental or physical disability”) and because the statute does not cover care of grandchildren

How later courts described this case

  • holding that FMLA leave was not available to care for an employee’s newborn grandchild while the baby’s mother (the employee’s 18-year-old daughter) suffered from a short-term bout with postpartum depression, both because the employee’s adult child was not incapable of self-care (i.e., not under a “mental or physical disability”) and because the statute does not cover care of grandchildren
  • recognizing that “other courts will impose [the duty to inform the employee of a deficiency in a certification and provide a reasonable opportunity to cure] on employers when the FMLA certification is merely ‘inadequate,’ rather than ‘incomplete’ ”
  • holding that a medical certification form under a related FMLA provision is insufficient where it lacks a statement of “the appropriate medical facts within the healthcare provider’s knowledge” to support the FMLA claim
  • noting that the nearly identical permissive language in 29 U.S.C. § 2613(c)(1) regarding the employer’s right to demand a second certification does not “requir[e] an employer to obtain a second opinion or else waive any future opportunity to contest the validity of the [first] certification”

Written by the judges who cited it.

The opinion

HEYBURN, Chief District Judge,

concurring.

I concur in the analysis and result in Judge Batchelder’s opinion, except that I do not express an opinion concerning the standard adopted in Section II.A.2. of that opinion. Judge Batchelder adopts a standard whereby short-term restrictions on major life activities generally do not constitute a disability under the FMLA. Judge Merritt would adopt the standard set forth in Navarro v. Pfizer Corp., 261 F.3d 90 (1st Cir.2001). I find it unnecessary to take either side in order to resolve this case, because I conclude, as have my two fellow judges, that Novak has met neither standard.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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