611 F. App'x 310 - Robert Festerman v. Wayne County’s Empirical Analysis

Citation profile

1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) For purposes of FMLA, serious health condition entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves inpatient care as defined in § 825.114 or continuing treatment by a health care provider as defined in § 825.115. (b) The term incapacity means inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom. (c) The term treatment includes (but is not limited to) examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.”

   1 later decision quote this exact passage · from the majority
   e.g. Dighello v. Thurston Foods, Inc.

2. “(1) the employee was engaged in an activity protected by the FMLA; (2) the employer knew that the employee was exercising his or her rights under the FMLA; (3) after learning of the employee’s exercise of FMLA rights, the employer took an employment action adverse to him or her; and (4) there was a causal connection between the protected FMLA activity and the adverse employment action.”

   1 later decision quote this exact passage · from the majority
   e.g. 177 F. Supp. 3d 1059 - Reeder v. County of Wayne

3. “merely 'calling in sick' is insufficient to trigger any obligation of the employer under the FMLA.”

   1 later decision quote this exact passage · from the majority
   e.g. Vonderhaar v. At&T Mobility Servs., LLC