Third Circuit Sets Standard For Return To Work Under The Family And Medical Leave Act

On August 27, 2014, the U.S. Court of Appeals for the Third Circuit issued an opinion in Budhun v. Reading Hospital and Medical Center reversing the U.S. District Court for the Eastern District of Pennsylvania, which granted summary judgment in favor of defendant Reading Hospital and Medical Center ("Reading Hospital") on its former employee's interference and retaliation claims under the Family and Medical Leave Act (FMLA). In doing so, the Third Circuit set the standard an employer is required to meet with respect to an employee's request to return to work following an FMLA-protected leave of absence.

Plaintiff Vanessa Budhun ("Budhun") was hired by Reading Hospital as a credentialing assistant, a position that required her to be typing approximately 60 percent of the time. The issue in the case arose when Budhun broke a bone in her hand, thus restricting the full use of her hands and fingers for typing.

On August 2, 2010, Budhun reported to work with a splint on her hand. Shortly thereafter, a human resources representative advised her that her injury prevented her from working full duty and provided her with FMLA leave paperwork. Budhun received medical attention and, by email dated August 12, 2010, submitted a portion of her completed leave of absence paperwork and a note from her doctor informing Reading Hospital that she could return to work on August 16, 2010 with no restrictions.

On August 16, 2010, Budhun returned to work. She emailed human resources to submit the balance of her FMLA leave paperwork; advised that FMLA leave certification from her physician was forthcoming; authorized Reading Hospital to contact her medical providers directly; and advised that she was working with a splint on her hand and could type, albeit a bit slower than she had before her injury. Human resources responded to Budhun's email advising that if she was unable to type at full speed, she was not considered full duty and would need to obtain a doctor's note to remain out of work until she was restored to full speed.

Budhun resumed her leave of absence, and her physician advised Reading Hospital that she would be out on leave through November 9, 2010. Reading Hospital approved her FMLA through September 23, 2010 (the date at which her 12 weeks of allotted FMLA leave was exhausted) and approved non-FMLA leave through November 9, 2010. In a September 15, 2010, meeting, however, various representatives of Reading Hospital met to discuss replacing Budhun...