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In a precedential decision issued on Friday, the Third Circuit Court of Appeals declined to reinstate a plaintiff’s trial court victory for FMLA interference, concluding that when he requested leave for migraine headaches, he did not yet have a serious health condition.
The plaintiff was a bus operator who had accumulated enough attendance points to warrant termination of employment. Notably, his final absence was due to a migraine headache. Subsequently, the employer held an informal hearing and recommended his discharge. But before the company terminated the plaintiff, he applied for leave under the Family and Medical Leave Act and sought