Pollard v. The New York Methodist Hospital, No. 15-3231 (2d Cir. 2017)Annotate this Case
Plaintiff filed suit against the Hospital under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., alleging that the Hospital terminated her illegally for taking medical leave to which she was entitled under the terms of the Act. The DC Circuit vacated the district court's grant of summary judgment to the hospital, holding that the district court erred in determining that plaintiff cannot, as a matter of law, establish a "serious health condition" under 14 C.F.R. 825.115(e)(2), but correctly concluded that the Hospital was not estopped from challenging whether plaintiff established the elements of her FMLA interference claim. Because the Hospital failed to show entitlement to summary judgment on plaintiff's right to leave under section 825.115(e)(2), the Hospital's entitlement to summary judgment turns on the adequacy of plaintiff's notice. Therefore, the court remanded for the district court to make this determination.